HomeMy WebLinkAbout4779 Annexation 0.09 Acres - 1807 Peach AvenueOrdinance No. 2024-4779
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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 Owner
35-19-30-513-0800-0030
; and
Lorenzo Polk Jr.
Whereas, the subject real property (a site 0.09 acre or 4,100 square feet in
size) is addressed as 1807 Peach Avenue and is located on the east side of the
southern terminus of Peach Avenue, approximately 134 feet south of West 18th Street;
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
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2024054570 Bk:10647 Pg:363-372(10Pgs)
REC: 06/18/2024 11:04:18 AM by cjones
RECORDING FEES $86.50
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 35-19-
30-513-0800-0030 which is generally addressed as 1807 Peach
V,
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
0C
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
w
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.
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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 Owner
35-19-30-513-0800-0030
; and
Lorenzo Polk Jr.
Whereas, the subject real property (a site 0.09 acre or 4,100 square feet in
size) is addressed as 1807 Peach Avenue and is located on the east side of the
southern terminus of Peach Avenue, approximately 134 feet south of West 18th Street;
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
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2024054570 Bk:10647 Pg:363-372(10Pgs)
REC: 06/18/2024 11:04:18 AM by cjones
RECORDING FEES $86.50
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:
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 35-19-30-513-0800-0030 (See Exhibit
"A" (map)) and described as:
In Section 35, Township 19 South, Range 30 East, Seminole County, Lot
3, Block 8, subdivision of PINE LEVEL, in accordance with the plat thereof
recorded at Plat Book 6 Page 37, of the Public Records of Seminole
County, Florida.
together with all right-of-way of Peach Avenue north of West 19th Street, Peach Avenue
north of West 19th Street, the alley running northward of West 19th Street between
Peach Avenue and Strawberry Avenue, that right of way of Strawberry Avenue running
north of West 19th Street, the alley running northward of West 19th Street between
Strawberry Avenue and Mulberry Avenue, that right-of-way of Mulberry Avenue running
northward and southward of West 19th Street and all right-of-way of Pear Avenue north
of West 19th 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'
intent to obtain City water services. City water services are available to the
property. City reclaimed water services are unavailable for this property. There is a 2"
water main and an 8" sanitary sewer located on the west side of Peach Avenue. 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
3 1 P a - e
b
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.
4 I P c oa e
'
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.
Attest:
Passed and adopted this 10th day of June, 2024.
City Commission of the City of
Sanford, Florida y
Traci Houchin, MMC, FCRM/;r'
City Clerk��'s. Mayor
For use and reliance of the.Sanford
City Commission only.
Approved as to form and legality.; t
�'viHiam L. Colbert, City nAt'torney
�y
FoRD •
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 1807 Peach Avenue.-
The
venue:
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
❑x 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.
1IPage
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. 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 water and sewer for a Single Family Residence. The proposed
use will have a marginal impact.
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 fees.
4. Any new charge or fee imposed by the proposed ordinance:
When annexed into the City, the property will be assessed 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:
It is impossible to quantify any potential regulatory costs of the proposed development.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance.-
It
rdinance:It is unknown if any businesses will be impacted by the development of the site.
7. Additional information
Not applicable.
21 Page
EXHIBIT "A"
FLEGAL DESCRIPTION:
Legal Lot 3, Block 8 PINE LEVEL
SUBD, according to the plat
thereof as recorded in Plat Book 6,
Page 37, of the public records of
M Seminole County, Florida.
Mi
-------------------
----------------------------
------------
ME
MEN
PROPERTY I.D.# I PROPERTY OWNER
35-19-30-513-0800-0030 1 LORENZO POLK, JR
PROPERTY ADDRESS PROPERTY ZONING ACRES
COUNTY I CITY
VACANT PEACH AVE I R-1 I SR -1 1 0.09
FV] EIIIEOUNH
o �PtiFORp .o`O
SkNFORD
U
FST. 181 FLORIDA
CITY COMMISSION MEMORANDUM 24.142
JUNE 10, 2024 AGENDA
WS RM _x
Item No. 17,J3
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP, Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, Ci� ger
SUBJECT: Annexation of 0.09 acres or 4,100 squarefeet of red property located at
1807 Peach Avenue; Owner: Lorenzo Polk Jr.
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 owner, Lorenzo Polk Jr. to voluntarily annex 0.09 acres or 4,100 square
feet of real property located at project address 1807 Peach Avenue has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject parcel contains one Single-family
Residence with the assessed tax value and total tax bill for 2024 shown below:
Parcel Number Assessed Value
Tax Bill
Property Status
(2024)
(2024)
35-19-30-513-0800-0030
35-19-30-513-0800-0030 $10,337
$192
Vacant Residential
Upon annexation, it is the applicant's intent to connect to the City water. Annexation of the
property will result in additional tax revenue for the City.
No additional staffing is anticipated if the annexation is approved.
BACKGROUND:
The above referenced property is in unincorporated Seminole County east side of the southern
terminus of Peach Avenue.
Existing Use
Vacant Residential
Proposed Use
Single-family Residence
Parcel Number
35-19-30-513-0800-0030
Parcel Size
0.09 acres or 4,100 square feet
Existing Future Land Use Designation (County)
Medium Density Residential
Proposed Future Land Use Designation (City)
Medium Density Residential, MDR -15
Existing Zoning (County)
R-1, Single-family Residential
Equivalent Zoning (City)
SR -1, Single-family Residential
Proposed Zoning (Cit)
SR -1, Single-family 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.
UTILITIES:
City reclaim is unavailable for this property. There is a two-inch water main, and an eight -inch
sanitaiy sewer located on the west side of Peach Avenue. The owner is required to connect to water
in accordance with Utility Manual specifications and pay all required permitting and connection
fees.
The owner shall be responsible for upsizing existing utilities required to meet all utility
specifications at its cost. All utility lines, water, sewer, and reclaim shall be installed per the City
Utility Manual specifications and requirements. Any improvements required to the City's sewer
system to accommodate the proposed development will be at the developer's expense. All impact
and connection fees associated with obtaining utility services from the City shall be the property
owner's responsibility.
The property owner, Lorenzo Polk Jr, is requesting annexation to obtain utility services.
LEGAL REYIEW:
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. 2024-4779 on May 13, 2024.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on June 9, 2024.
RECOMMENDATION:
It is the staff's recommendation that the City Commission adopt Ordinance No. 2024-4779.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4779."
Attachments: (1) Ordinance No. 2024-4779.
(2) Exhibit "A".