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4522 Annex 2896 Sanford Ave., Mahmood ShairiGRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLEI CFN# 2019113043 Bk:9459 Page: 368-378 (11F REC: 10/1712019 10:05:14 AM by hdevore RECORDING FEES $95.00 Ordinance No. 2019-4522 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Numbers 06- 01-20-30-519-0100-005A, 01-20-30-519-0100-0050 and 01-20-30-519- 0100-0040 (generally addressed as 2896 Sanford Avenue) located contiguous to the City of Sanford together with associated right-of- way within the area of the annexed property 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 are the fee simple title owner of the real property being described by the Tax Identification Parcel Numbers: Tax Identification Parcel Numbers Owner 01-20-30-519-0100-005A, 01-20-30-519-0100-0050 Mahmood Shairi and 01-20-30-519-0100-0040. Whereas, above stated property owner applied for annexation of property into the municipal limits of the City of Sanford pursuant to Section 171.044, Florida Statutes; and Whereas, the subject property is approximately 0.7 acre in size and is generally addressed as 2896 Sanford Avenue and is located north of East 29th Street between Sanford Avenue and Palmetto Avenue; and Whereas, the subject property is not located within Sub Area 7 of the Seminole County/City of Sanford Joint Planning Agreement (JPA) which are is intended to maintain medium density residential uses and neighborhood and commercial/office frontage on Sanford Avenue 2 lots deep on a case-by-case basis and to prohibit commercial development in Woodmere on the east side of Sanford Avenue; and Whereas, City staff and the Development Review Team (on August 27, 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 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, 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. EMS 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. 21 Page 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 Numbers set forth above and below, together with all right-of-way of Palmetto Avenue lying westward of the subject property, all right of way of Sanford Avenue running eastward of the subject property, and all right of way of East 29th Street running southward of the subject property which rights-of-way to the extent such rights-of-way are not currently located within the City Limits of the City and abut the City Limits of the City in any respect, said property being situated in Seminole County, Florida: (See Exhibit "A" (map) which contains legal descriptions of the property being annexed; to wit: Tax Identification Parcel Numbers 06-01-20-30- 519-0100-005A, 01-20-30-519-0100-0050 and 01-20-30-519-0100-0040). , 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). There is no sewer service currently available to the property which is being annexed in this Ordinance. City water is available on Sanford Avenue and East 29th Street. 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 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 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 requirements including, but not limited to, those relating to a lift station with the ability to accept future use without modifications. The property owner is requesting annexation of the annexed property to develop the property for residential purposes. (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 3 1 Page __ 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. 4 1 P a g e Section 7. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 14th day of October, 2019. Attest: &MEI&J"D io-h in, 1M0i-F0JZL4 Traci Houchin, CIVIC, FCRM, City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. William L. Colbert, City Attorney City Commission ��-f the City of Sanford, Florida � 7 Jeff Triplett, Ma EXHIBIT "A" - - -------- dMbM LOT 2 LEGAL DESCRIPTION: W 1/2 OF LOT 5 & ALL OF LOT 6 ------------- -- BLK I ROSALIND HEIGHTS Subdivision �Inns].•ing to the plat thereof as recorde in Plat Book 3, Page 47, of the public records of Seminole County, Florida. LOT I LEGAL DESCRIPTION: W 1/2 of Lot 4 BLK I ROSALIND HEIGHTS Subdivision, according to the Booplat thereof as recorded in Plat k 3, Page 47, of the public records of Seminole County, Florida. MEMO SOME i4t iiiiiiiii MEN MEN *#@Now NPIN, Mow No A ----------------- ------------- LOT 3 LEGAL DESCRIPTION: ------------ r -------- E 1/2 of Lot 5 ROSALIND HEIGHTS-- -------- --------- -- ------- ------------------ as recorded in Plat Book 3, Page 47, or:_,-, th ------------------ e public records of Seminole County7! Florida. -------------- ------------------- ................... -------------------- --------------- - -- ---------------- ........................... Ism MR1 RE IL I PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRESI COUNTY CITY 1 101-20-30-519-0100-0040 MICHAEL PELTZER VACANT PALMETTO AV R -1A SR -1A 0.14 2 01-20-30-519-0100-0050 MICHAEL PELTZER VACANT SANFORD AV R -1A SR -1A 0.40 3 101-20-30-519-0100-005AI MICHAEL PELTZER I VACANT SANFORDAV I R -1A I SR -1A 1 0.15 DEVELOPMENT SERVICES DEPARTMENT PLANNING AND DEVELOPMENT DIVISION August 29, 2019 MS West Inc. Email To: msw2729@aol.com Regarding the address below: S SANFORD AVE To Whom It May Concern: am SEJVINOLE COUNTY FLORIDA'S NATURAL GICCE We are in receipt of your check number 5573 for $35.00 regarding the above request. Please find the information below: ➢ Open Code Enforcement Case F-1 YES M NO ➢ Open Code Enforcement Lien ❑ YES NO ➢ Hazard Abatement Pool Lien ❑ YES NO ➢ Lien amount - None ➢ Pending Code Cases — call Sheriff's Office at 407-665-6650 ➢ Building Violations (Open or Pending) — call Building Division at 407-665-7050 The information provided in this letter is based upon a search of the best available records maintained by the Seminole County Planning and Development Division. It does not include records maintained by other agencies, and should not substitute for a thorough public records search. Sincerely, Development Services Planning & Development Division Code Enforcement 1101 EAST FIRST STREET - SANFORD FL 32771-1468 * TELEPHONE (407) 665-7403 # FAX (407) 665-7385 WWW.SEMINOLECOUNTYFL.GOV DEVELOPMENT SERVICES DEPARTMENT PLANNING AND DEVELOPMENT DIVISION August 29, 2019 MS WEST, Inc. Email To: msw2729@aol.com Regarding the address below: S SANFORD AVE To Whom It May Concern: Cr -i DEMINUE COUNTY FLORIDA'S NATURAL O-i0K1- We are in receipt of your check number 5572 for $35.00 regarding the above request. Please find the information below: ➢ Open Code Enforcement Case F-1 YES M NO ➢ Open Code Enforcement Lien ❑ YES NO ➢ Hazard Abatement Pool Lien ❑ YES NO > Lien amount - None ➢ Pending Code Cases — call Sheriff's Office at 407-665-6650 ➢ Building Violations (Open or Pending) — call Building Division at 407-665-7050 The information provided in this letter is based upon a search of the best available records maintained by the Seminole County Planning and Development Division. It does not include records maintained by other agencies, and should not substitute for a thorough public records search. Sincerely, Development Services Planning & Development Division Code Enforcement 101 EAST FIRST STREET * SANFORD FL 32771-1468 * TELEPHONE (407) 665-7403 - FAX (407) 665-7385 WWW.SEMINOLECOUNTYFL.GOV DEVELOPMENT SERVICES DEPARTMENT PLANNING AND DEVELOPMENT DIVISION August 29, 2019 MS WEST, INC. Email To: msw2729@aol.com Regarding the address below: S. SANFORD AVE. To Whom It May Concern: SM t -r -i eju- DDOINOLE COUNTY FLORIDA'S NATURAL 040fa We are in receipt of your check number 5571 for $35.00 regarding the above request. Please find the information below: );> Open Code Enforcement Case F-1 YES M NO > Open Code Enforcement Lien F-1 YES M NO > Hazard Abatement Pool Lien ❑ YES NO > Lien amount - None ➢ Pending Code Cases — call Sheriff's Office at 407-665-6650 > Building Violations (Open or Pending) — call Building Division at 407-665-7050 The information provided in this letter is based upon a search of the best available records maintained by the Seminole County Planning and Development Division. It does not include records maintained by other agencies, and should not substitute for a thorough public records search. Sincerely, Development Services Planning & Development Division Code Enforcement 1101 EAST FIRST STREET - SANFORD FL 32771-1468 * TELEPHONE (407) 665-7403 * FAX (407) 665-7385 WWW.SEMINOLECOUNTYFL.GOV ��.s,woxtx, CITY COMMISSION MEMORANDUM 19.221 OCTOBER 1.4, 22019 AGENDA WS RM X Item No. 7_B TO: Honorable Mayor and Members of the City Commission PREPARED BY: Samuel Goodwin, Planning Technicia SUBMITTED BY: Norton N. Bonaparte, Jr., City Ma ger SUBJECT: Annexation of 0.7 acre located at 2896 anford Avenue; Owner: Mahmood Shairi 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, Kelly M. Jackson -Trust, to voluntarily annex 0.7 acre located at 2896 Sanford Avenue, is being requested. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the subject property is vacant. Based on the 2018 property tax roll, the existing properties has an assessed value of $24,000. The total tax bill for the properties in 2018 was $343.67. If annexed, the property would be assessed the City's millage rate and generate an estimated $176 in ad valorem taxes. Under existing conditions, the municipal costs will be minimal, while tax revenue would increase by $176, however, upon annexation it is the applicant's intent to develop single family structures which will have an impact on public facilities and services. BACKGROUND: The above referenced property is located in unincorporated Seminole County north of East 29`x' Street between Sanford Avenue and Palmetto Avenue. Existing Use Vacant Residential Proposed Use Single Family Parcel Number 01-20-30-519-0100-005A (Parcel 1) 01-20-30-519-0100-0050 (Parcel 2) 01-20-30-519-0100-0040 Parcel 3) Parcel Size 0.7 Acre Existing Future Land Use Designation (Count) Com, Commercial Proposed Future Land Use Designation (City) NC, Neighborhood and GC, General Commercial Existing Zoning (Count) R -IA, Single Family Residential Proposed Zoning (City) RMOI, Multiple -Family Residential -Office - Institutional Upon annexation, the property will be in City Commission District 3. The Development Review Team (DRT) reviewed the request for annexation on August 27, 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. City water is available on Sanford Avenue and 291h Street. There is no sewer service available. Must have septic tanks. The property owners 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 is within Sub Area 7 of the Seminole County/City of Sanford Joint Agreement. The recommendations for Sub Area 7 is to maintain medium density residential uses and neighborhood and commercial/office frontage on Sanford Avenue two lots deep on a case-by-case basis. Prohibit commercial development in Woodmere on the east side of Sanford Avenue. Per documentation from Seminole County Development Services there are no open code enforcement cases or liens for the subject properties. The property owner, Mahmood Shairi is requesting annexation to obtain utility services in order to develop the property for residential purposes. The City Commission approved the first reading of Ordinance No. 4522 on September 23, 2019. The City Clerk published notice of the 2nd public hearing in the Sanford Harald on October 6, 2019. LEGAL REVIEW: The City Attorney has reviewed and determined that the annexation, as implemented, would comply with controlling State law and has prepared Ordinance No. 4522 RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4522, to annex 0.70 acres located at 2896 Sanford Avenue legally described into the City of Sanford. SUGGESTED MOTION: "I move to adopt Ordinance No. 4522." Attachments: Seminole County Development Service Code Enforcement Search Ordinance No. 4522 Exhibit "A"