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4490 Annex 251 S. White Cedar Rd.: Pickens & BurkeN �a J M 0� r P-4 WO F-dN = p o°�,�, U otl a Q UJ I- 00 a C4 q O o l?i N ap (t► M W �w QU�N LL CC< U. rn i z GO0- 0 F'Y N N p X �WZ U oU iu.ww UUU Ix Ix w L, Ordinance No. 2019-4490 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Numbers 26- 19-30-5AE-030A-0000, 26-19-30-5AE-03013-0000, 26-19-30-5AE-03013- 0000 and 26-19-30-5AE-030E-0000 generally addressed as 251 South White Cedar Road) 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 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, the following persons are the fee simple title owners of all of property being described by Tax Identification Parcel Numbers as follows: Tax Identification Parcel Number Owner 26-19-30-5AE-030A-0000 26-19-30-5AE-030B-0000 26-19-30-5AE-030D-0000 26-19-30-5AE-030E-0000 ME Patricia J. Burke Delores Pickens Patricia J. Burke Delores Pickens Whereas, above stated property owners applied for annexation of property into the City of Sanford; and Whereas, the said applicants 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 4.85 acres in size and is generally addressed as 251 South White Cedar Road; and Whereas, City staff and the Development Review Team (on January 22, 2019) 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 subject property is located on is located within Planning Sub Area 8 of the of the 2015 Sanford/Seminole County Joint Planning Agreement. (JPA) and, under the JPA, the area in which the annexed property is located should be reserved for target industry and SunRail supporting development as there is limited vacant acreage available on which target industry will site. Single -Family and low or medium density residential development are not compatible within this area; 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; and Whereas, three of the above four properties are vacant residential and one property has one single family structure, 1,451 square feet in size, which was constructed in 1961; 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 2) s Demographic Research along with a statement specifying the population census effect and the affected land area. �� Whereas, the map and the legal description 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 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 parcels of land assigned the Tax Identification Parcel Numbers set forth above and being specifically described as set forth below said property being situated in Seminole County, Florida: (See Exhibit "A" (map) which contains legal descriptions of the property). , 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). Water and sewer utility services are available to the subject property. The property owner shall be responsible for all impact and connection fees associated with obtaining utility services from the City to the annexed property. The property owners of the annexed property fully understands that he and his 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. The property owners shall be responsible for all impact and connection fees associated with obtaining utility services from the City. 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 3 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 4( P a 2 e _ _ 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 11th day of February, 2019. Attest: City Commission Sanford, Florida Traci Houchin, CMC, FCRM, City Clerk ff Trip ��i'UR,� For use and reliance of the Sanford Q �' ''�' City Commission only. >,, Approved as to form and legality. F ` R; �y William L. Colbert, City Attorney� 5 1 P a g e e City of EXHIBIT "A" a PROPERTY I.Q.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES' COUNTY CITY 1 26-19-30-5AE-030E-0000 DELORES PICKENS VACANT WHITE CEDAR RD A-1 AG 1.25 2 126-19-30-5AE-0308-00001 DELORES PICKENS 3 126-19-30-5AE-030A-0000 I PATRICIA J. BURKE VACANT WHITE CEDAR RD I A-1 AG 11.25 3615 W 5TH ST A-1 AG 1.84 4 ] 26-19-30-5AE-030D-00001 PATRICIA J. BURKE 13611 W 5TH ST A-1 I AG 1 0.51 • CITY COMMISSION MEMORANDUM 19-032 FEBRUARY 1 1, 2019 To: PREPARED BY: SUBMITTED BY: SUBJECT: WS RM Item No. _ t e Honorable Mayor and Members of the City Commission Jordan Smith, AICP, PP, Senior Planner Traci Houchin, CMC, FORM, City Cle Norton N. Bonaparte, Jr., City Manager Annexation of 4.85 acres with a project a ess at 251 S. White Cedar Road; Owner: Delores Pickens and P icia J. Burke 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 owners, Delores Pickens and Patricia J. Burke to voluntarily annex 4.85 acres located at 251 S. White Cedar Road, is being requested. The applicant is proposing 49 single family homes. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, three of the four properties are vacant residential and one property has a single family structure on it. Based on the 2018 property tax roll of Seminole County, the acreage for the three parcels total 4.85 acres and have a combined total assessed value of $308,958. The total tax bill for the three parcels in 2018 was $4434.26. If amlexed, the property would be assessed the City's millage rate and generate an estimated $2,263 in ad valorem taxes. Under existing conditions the municipal costs will be minimal, while tax revenue would increase by $2,263, however, upon annexation it is the applicant's intent to develop a 49 lot single family subdivision which will have an impact on public facilities and services. BACKGROUND: The above referenced properties are located in unincorporated Seminole County on the east side of S. White Cedar Road adjacent to the recently annexed and approved Towns of White Cedar project a 155 unit townhouse development. Existing Use Vacant Residential (Parcel 1 & 2) Single Family Residential (Parcel 3) Proposed Use Residential Parcel Number 26-19-30-5AE-030E-0000 (Parcel 1) 26-19-30-5AE-030B-0000 (Parcel 2) 26-19-30-5AE-030A-0000 (Parcel 3) Upon annexation, the property will be in City Commission District 2. The Development Review Team (DRT) reviewed the request for annexation on January 22, 2019 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. Water and sewer are available. Developer is required to install all utility lines per the utility manual requirements at their cost. The property is within Planning Sub Area 8 of the 2015 Seminole County/City of Sanford Joint Planning Area. Per the JPA the area should be reserved for target industry and SunRail supporting development as there is limited vacant acreage available on which target industry will site. Single - Family and low or medium density residential development are not compatible within this area. 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 Attorney has also consistently advised that the City should consider that agreements, such as pre -annexation agreements, should be considered by the City when the City desires that certain development parameters be in effect upon the property being annexed into the City. Otherwise, the provisions of Section 171.062(2), Florida Statutes, relating to the effects of annexations will apply which provision states as follows: If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area. Thus, in order for the City to control development parameters pertaining to property to be annexed, binding agreements must be in place prior to the property being annexed. On January 14, 2019, the City Commission approved the first reading of Ordinance No. 4490. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 16 and February 3, 2019. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4490, to annex 4.85 acres bearing the address 251 S. White Cedar Road as legally described into the City of Sanford until all entitlements associated with said PD rezone have been identified and resolved. 26-19-30-5AE-030D-0000 (Parcel 4) Parcel Size 4.85 Acres Existing Future Land Use Designation (County) HIPTI, High Intensity PD, Target Industry Proposed Future Land Use Designation (City) WIC, Westside Industry and Commerce Existing Zoning (County) A-1, Agricultural Proposed Zoning (City) AG, Agriculture Upon annexation, the property will be in City Commission District 2. The Development Review Team (DRT) reviewed the request for annexation on January 22, 2019 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. Water and sewer are available. Developer is required to install all utility lines per the utility manual requirements at their cost. The property is within Planning Sub Area 8 of the 2015 Seminole County/City of Sanford Joint Planning Area. Per the JPA the area should be reserved for target industry and SunRail supporting development as there is limited vacant acreage available on which target industry will site. Single - Family and low or medium density residential development are not compatible within this area. 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 Attorney has also consistently advised that the City should consider that agreements, such as pre -annexation agreements, should be considered by the City when the City desires that certain development parameters be in effect upon the property being annexed into the City. Otherwise, the provisions of Section 171.062(2), Florida Statutes, relating to the effects of annexations will apply which provision states as follows: If the area annexed was subject to a county land use plan and county zoning or subdivision regulations, these regulations remain in full force and effect until the municipality adopts a comprehensive plan amendment that includes the annexed area. Thus, in order for the City to control development parameters pertaining to property to be annexed, binding agreements must be in place prior to the property being annexed. On January 14, 2019, the City Commission approved the first reading of Ordinance No. 4490. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 16 and February 3, 2019. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4490, to annex 4.85 acres bearing the address 251 S. White Cedar Road as legally described into the City of Sanford until all entitlements associated with said PD rezone have been identified and resolved. SUGGESTED MOTION: "I move to adopt Ordinance No. 4490." Attachments: Ordinance No. 4490 Exhibit "A"