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4530 Annex 3320 Sanford Ave, Amalia MalagonGRUNT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLEF CFN# 2019134786 Bk:9497 Page:36-44 (9Pgs) REC: 12/11/2019 10:22:05 AM by Wevore RECORDING FEES $78.00 Ordinance No. 2019-4530 �jin An ordinance of the City of Sanford, Florida, annexing by voluntary t petition certain real property (Tax identification Parcel Number 12-20- 30-503-0100-0080 which is generally addressed as 3320 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 N the Clerk of the Circuit Court, with the Chief Administrative Office of aSeminole County and with the Department of State; providing for w 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 V) administrative actions and providing for an effective date. Whereas, the following is the fee simple title owner of the real property being described by the Tax Identification Parcel Number: Tax Identification Parcel Number Owner 12-20-30-503-0100-0080 Amalia Malagon 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 0.27 acre in size and is generally addressed as 3320 Sanford Avenue and is located on the west side of Sanford Avenue and is approximately 122' north of Poinsetta Drive and 1,048' south of East Airport Boulevard; and Whereas, the subject is located within Sub Area 7 of Seminole County/City of Sanford Joint Planning Agreement (JPA) and the purpose of this Sub Area within the JPA 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 and to prohibit commercial development in Woodmere on the east side of Sanford Avenue; and Whereas, City staff and the Development Review Team (on November 4, 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. ; and 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 parcel of land assigned the Tax Identification Parcel Number set forth above and below, together with all right-of-way of Sanford Avenue located between Hibiscus Drive and Rose Drive, all right-of-way of Rose Drive located between Sanford Avenue and East Jenkins Circle, all right-of-way of Palmway located between Hibiscus Drive and Rose Drive, all right-of-way of Poinsetta Drive westward of Sanford Avenue, and the alley abutting 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: Lot 8, Block 1 FLORA HEIGHTS subdivision, as recorded in Plat Book 3 Page 19, public Records of Seminole County Florida. (See Exhibit "A" (map). Tax Identification Parcel Number 12-20-30-503-0100-0080). , 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). Under the provisions of Resolution Number 2008-2105, all requests for emergency water service may be considered and approved by the City Manager, or designee, upon receipt of a fully execute petition for annexation and proof of hardship/health complication to the satisfaction of the City Manager, or designee. On September 30, 2019, the property owner, Amalia Malagon, petitioned for emergency water service due to foul smell from the well water. Water service is available from the City, however, sewer is not available. The City's Utility Department recommended that water service be provided. The City Manager authorized emergency water service on September 30, 2019. 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. (d). Under the authority of Section 166.031 (3), Florida Statutes, relating to city 3) rage 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 4 1 P 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 9th day of December, 2019. Attest: &M(ILW 6fl, N6 V�Km- Traci Houchin, CIVIC, FCRM, City Clerk For use and reliance of the Sanford City Commission only. Approved as to form and legality. City Commissi Sanford, Florida 51 P p I ett, of A the City of William L. Colbert, City Attorney 51 P p I ett, of A the City of CITY COMMISSION MEMORANDUM 19-266 DECEMBER 9, 2019 AGENDA WS RM Item No. `7, TO: Honorable Mayor and Members of the City Commission PREPARED BY: Jordan Smith, AICP, PP, Senior Planner SUBMITTED BY: Norton N. Bonaparte, Jr., City Manag SUBJECT: Annexation of .27 acres located at 3 20 anford Avenue; Owner: Amalia Malagon 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, Amalia Malagon, to voluntarily annex .27 acres located at 3320 Sanford Avenue, is being requested. FISCAL/STAFFING STATEMENT: According to the property appraiser's records, the subject property located 3320 Sanford Avenue has a 1,300 square foot single family structure built in 1928. Based on the 2019 property tax roll of Seminole County, the existing .27 acre property has an assessed value of $44,547. The total tax bill for the property in 2019 was $629.23. If annexed, the property would be assessed the City's millage rate (7.325) and generate an estimated $326 in additional valorem revenue to the City. Under existing conditions, the municipal costs will be minimal, while tax revenue would increase by $326. Upon, annexation, it is the applicant's intent to continue to use the property for residential purposes. BACKGROUND: The above referenced property is located in unincorporated Seminole County on the west side of Sanford Avenue and is approximately 122 feet north of Poinsetta Drive and 1,048 feet south of East Airport Boulevard. Existing Use Single Family Residential Proposed Use Single Family Residential Parcel Number 12-20-30-503-0100-0080 Parcel Size .27 Acres Existing Future Land Use Designation (County) MDR, Medium Density Residential Proposed Future Land Use Designation (City) MDR -10, Medium Density Residential Existing Zoning (County) R-1, Single Family Residential Proposed Zoning (City) I SR -1, Single Family Residential Upon annexation, the property will be in City Commission District 3. The subject property is Sub Area 7 of Seminole County/City of Sanford Joint Planning Agreement. This Sub Area 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 and to prohibit commercial development in Woodmere on the east side of Sanford Avenue. The Development Review Team (DRT) reviewed the request for annexation on November 4, 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. Per records from Seminole County Development Services there are no open code enforcement cases or liens for the subject property. Per Resolution 2008-2105, all requests for emergency water service may be considered and approved by the City Manager or designee upon receipt of the required fully execute Petition for Annexation and proof of hardship/health complication to the satisfaction of the City Manager or designee. On September 30, 2019, the property owner, Amalia Malagon, petitioned for emergency water service due to a foul smell from the well water. Water is available, however, sewer is not available. The Utility Department recommended water service for 3320 Sanford Avenue. The City Manager authorized emergency water service on September 30, 2019. The property owners shall be responsible for all impact and connection fees associated with obtaining water service from the City. The City Commission approved the first reading of Ordinance No. 2019-4530 on November 18, 2019. The City Clerk published notice of second hearing in the Sanford Herald on November 24, 2019. 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. 2019-4530 to annex .27 acres bearing the address 3320 Sanford Avenue as legally described into the City of Sanford. SUGGESTED MOTION: "I move to adopt Ordinance No. 2019-4530 to annex .27 acres bearing the address 3320 Sanford Avenue as legally described into the City of Sanford." Exhibit "A"