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HomeMy WebLinkAbout4839 Annexation - 405 S. Virginia AvenueGRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2025123588 Bk:10950 Pg:1176-1183(8Pgs) REC: 12/11/2025 10:12:55 AM by jpena RECORDING FEES $69.50 Ordinance No. 2025-4839 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real properties (Tax identification Parcel Numbers 30- 19-31-523-0000-001A) which is generally addressed as 405 Virginia Avenue located contiguous to the City of Sanford, together with associated right-of-way, 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 30-19-31-523-0000-001 A and James M. and Lizabeth A. Bratton Whereas, the subject real property totals 0.39 acres in size which is addressed as 405 Virginia Avenue and located between Virigina Avenue and 90 feet south of East 4th 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 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 afore described 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. 9 (b). The property that is the subject of this Ordinance consists of the following parcel of land assigned the Tax Identification Parcel Numbers set forth above and below, said property being situated in Seminole County, Florida: Tax Parcel Identification Numbers 30-19-31-523-0000-001A (See Exhibit "A" (map)). together with all right-of-way touching Virginia Avenue, and all 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. City water is available via a 1.5-inch water main in Virginia Avenue. Sewer (wastewater) and Reclaim water service is NOT available at this time. The applicant will need to provide a private Wastewater Treatment Facilities (septic). The property owner shall be responsible for all impact and connection fees associated with obtaining utility services from the City to serve the annexed property. The property owner of the annexed property fully understands that the property owner and the transferees and assigns of the property owner 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 owner shall be responsible for all costs and expenses relating to the routing 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 the granting of such easements being lawful exactions under controlling Florida law. (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 3� 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 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 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 should be modified to address this annexation and all previous annexations. 41 Section 7. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Attest: Passed and adopted this 8th day of December, 2025. City Commission of the City of Sanford, FI ri a //I V-44 .L ' t'"V .t'1FI[_.,rC c,NNF Traci Houchin, MMC, FCRM ` City Clerk 4 jay For use and reliance of the Sanford City Commission only. Approved as to form and legality.i pp ruff 51Page i CITY OF 1 &kNFORD FLORIDA [ Z WPall E1U16M WS RM _X_ Item No. ri a CITY COMMISSION MEMORANDUM 25-273 DECEMBER 8, 2025, AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Darren Ebersole, Planning & Development Services Planner SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Annexation Request for a proposed Single -Family Residence at 405 Virginia Avenue; Ordinance No. 2025-4839 SYNOPSIS: Requesting to voluntarily annex a 0.39 acre or (17,100 square feet) parcel of unimproved real property located at project address 405 Virginia Avenue ("Subject Property") has been received by the property owners, James and Elizabeth Bratton, 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 2025 as shown below: Parcel Number Property Assessed Value Tax Bill (2025) Owner 2( 025) James and 30-19-31-523-0000-001A Elizabeth $131,625 $1,503 Bratton 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 property is located on the east side of Virginia Avenue, approximately 90 feet south of East 4th Street, in unincorporated Seminole County. Existing Use Vacant Residential Proposed Use Single-family Parcel Number 30-19-31-523-0000-001A Parcel Size 0.39 Acres Existing Future Land Use Designation (County) LDR, Low Density Residential Equivalent Future Land Use Designation (City) LDR-SF, Low Density Residential Single Family Existing Zoning (County) I R-IAA, Single-family Residential Equivalent Zoning (City) SR -IAA, Single-family residential Upon annexation, the Subject Property will be in City Commission District 1. 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. Prior City Commission Action At the August 14, 2025 meeting The City Commission approved a request for a Utilities Only Annexation subject to Planning Staff bringing the Annexation back to the City Commission for a full Annexation. 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. 4839 on August 14, 2023. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on November 12, 2025. RECOMMENDATION: It is staff s recommendation that the City Commission adopt Ordinance No. 2025- 4839, to annex 0.39 acres or (17,100 square feet) bearing a project address of 405 Virginia Avenue as legally described into the City of Sanford. SUGGESTED MOTION: "I move to adopt Ordinance No. 2025- 4839." Attachments: Ordinance Exhibit "A" EXHIBIT "A" LEGAL DESCRIPTION: S 45 Feet of Lot 1 & North 45 Feet of Lot 2, AMENDED PLAT OF MONROE TERRACE, according to the plat thereof as recorded in Plat .............. :::::::::� —• ::::: Book 9, Page 40, of the public records ................................................................... ........ ::::::::.......::::::::::;::::::::: ............... of Seminole Count ,Florida. PROPERTY I.D.# I PROPERTY OWNER 30-19-31-523-0000-001A 405 S VIRGINIA SANFORD LLC ANNEXATION REQUEST 1 PROPERTY ADDRESS 405 S. VIRGINIAAV PROPERTY ZONING I ACRES COUNTY I CITY R-1AA I SR-1A 1 0.39