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4442 Annex JaRo Construction 712 Briarcliffe St.N M a w -ci 4° as P 'GRANT MALOY� SEMINOLE COUNT), ,',. y4. +F C:TDC.'O s C:� OF:.T i -(,'O FTROLLER CLERK'S t 2018034657 Ordinance No. 2018-4442:.4sE{,:ccicc }ING ,Cra? ; ; x;„_ES $6v_51J ; An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 01-20- 30-504-1100-0090 generally addressed as 712 Briarcliffe Street located contiguous to the City of Sanford in accordance with the voluntary annexation provisions of Section 171.044, Florida Statutes, together with associated rights -of -ways; redefining the boundaries of the City of Sanford to include said property; amending the boundaries of, the City in accordance with the voluntary .annexation 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, Ja-Ro Construction, Inc., (whose corporate officers are Jamie L. Geltz and Rose L. Harkey) applied for annexation of property into the City of Sanford and is hereby determined to be the fee simple title owner of the real property described below; and It Whereas, the -said applicant petitioned, the City of Sanford, pursuant to Section 171.044, Florida Statutes, for annexation of said property into the municipal limits of the City of Sanford; and Whereas, the subject property is approximately .22 acre in size and is generally addressed as 712 Briarcliffe Street; and Whereas, the subject property is located on the north side of Briarcliffe Street and approximately 525 feet west of Grenada Avenue; and Whereas, the applicant is the fee simple title owner of all of said property being described by Tax Identification Parcel Number as follows: Tax Identification Parcel Number Owner 01-20-30-504-1100-0090 EMS Ja-Ro Construction, Inc. Whereas, upon annexation, it is the intent of the property owner to develop the property as a single family residence; and Whereas, City staff and the Development Review Team (on March 6, 2018) have 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 and has, further, determined that associated rights-of-way should be annexed hereby; 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 thecitizenslof 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. EEO Whereas, the map and the legal description attached hereto as Exhibit "A" 2 shows, describes, and depicts the property and associated rights -of -ways which are 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 Properties. (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 as set forth above and being specifically described as set forth below, together with all right-of-way of Briarcliffe Street running between Marshall Avenue and Grenada Avenue, together with all right- of-way of Sarita Street running between Marshall Avenue and Grenada Avenue, and together with all right-of-way of Marshall Avenue running between Sarita Street and Briarcliffe Street; all of said property being situated in Seminole County, Florida: The West 15 feet of Lot 9 and all of Lot 10, Block 11, DREAMWOLD SUBDIVISION, according to the plat thereof as recorded in Plat Book 3, Page 90, of the public records of Seminole County, Florida. (See Exhibit «A„ and all of said property and aforementioned rights-of-way are 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). The property owner shall be responsible for all impact and connection fees associated with obtaining utility services from the City to the annexed property and to extend such utility services to the annexed property to the extent that such utilities are not available. The property owner of the annexed property fully understands that it and its transferees and assigns shall incur any and all of the costs of routing 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. There is no water and sewer service to the property. A field verification will need to be conducted to determine whether water services could be extended to the property. 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 not available. The property owner is requesting annexation to obtain utility services in order to develop as a single family residence. Future development shall meet all utility code requirements for a lift station with the ability to accept future use without modifications. (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 determined by the governing authority of the City of Sanford, Florida and the provisions of said Chapter 171, Florida Statutes. Section 3. Administrative Actions. (a). Within 7 days of the adoption 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 properties to include, but not be limited to, annexed rights-of-way and natural features. 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. Passed and adopted this 26th day of March, 2018. . JIMJ 5� F Traci Houchin, City Clerk, CMC V , For use and reliance of the Sanfo"` . City Commission only. Approved as to form and' leg6lity. William L. Colbert, City Attorney City Commission of a City of anford, Florida Jeff T,ri6ldkti,lMdv0r �I RCi I FLORIDA • ••-. � • MARCH 26,2018 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Jordan Smith, AICP, PP, Senior PI 1 4 SUBMITTED BY: Norton N,. Bonaparte, Jr., City Man ger SUBJECT: Annexation of 0.22 acre located at 712 B rcliffe Street; Owner: Ja-Ro Construction ❑ STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: WS RM Item No. The property owner, Ja-Ro Construction, Inc, has submitted a request to voluntarily annex 0.22 acre located at 712 Briarcliffe Street. The officers/directors of the corporation include Jamie L. Geltz and Rose L. Harkey. F'ISCAL.ISTAFFING STATEMENT: According to the Property Appraiser's records, the subject property is vacant with no structures. Based on the 2017 property tax roll, the existing property has an assessed value of $13,000. The total tax bill for the property in 2017 was $189. If annexed, the property would be assessed the City's millage rate and generate an estimated $95 in ad valorem taxes. Upon annexation, it is the applicant's intent to construct a single family residential structure on the vacant parcel. Under existing conditions the municipal costs will be minimal, while tax revenue will increase by $95. The proposed project is not located within a Planning Area of the 2015 Joint Planning Agreement. BACKGROUND: The above referenced property is located in unincorporated Seminole County on the north side of Briarcliffe Street and approximately 525 west of Grenada Avenue. Existing Use Vacant Proposed Use Residential Parcel Number 01-20-30-504-1100-0090 Parcel Size 0.22 acre 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) R -IA, Single Family Residential Proposed Zoning (City) SR -IA, Single Family Residential Upon annexation, the property will be in City Commission District 2. The Development Review Team (DRT) reviewed the request for annexation on March 6, 2018 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 property owner, Ja-Ro Construction, Inc, has submitted plans and nonrefundable fees to Seminole County to obtain a building permit to construct a single family dwelling at 712 Briarcliffe Street. Seminole County's Building Department has approved the construction plans based on compliance with the Florida Building Code. The property owner is requesting annexation in order to connect to the City's utilities and obtain the County's building permit. There is no water and sewer service to this parcel. A field verification would need to be conducted to see if water could be extended to the property. 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. The City Commission approved the first reading of Ordinance No. 2018-4442 on March 12, 2018. The City Clerk published notice of the public hearing in the Sanford Herald on March 11 & 18, 2018. 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. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4442 to annex said property and authorize City utility services for a single family dwelling at 712 Briarcliffe Street and defer the effective date of annexation until after a Certificate of Occupancy has been issued by the Seminole County Building Department subject to the property owner paying all applicable City connection and impact fees. SUGGESTED MOTION: "I move to adopt Ordinance No. 4442." Attachments: Ordinance No. 4442 Exhibit "A"