Loading...
4541 299 Monroe Road - Annexation of 0.42 acre atOrdinance No. 2020-4541 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 16 -19- 30 -SAC -0000-086A which is generally addressed as 299 Monroe Road) 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 is the fee simple title owners of the real property being described by the Tax Identification Parcel Number: Tax Identification Parcel Number Owners 16-19-30-5AC-0000-086A Andrew R. Nichols, Marion N. Crawford, Anna Y. Nichols and Susan N. Winter ; and Whereas, above stated property owners 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 0.42 acre in size and is generally addressed as 299 Monroe Road and located at the southeast corner of Narcissus Avenue and Monroe Road (County Road 15/United States Highway 17/92); and Whereas, the property owners are requesting annexation of the subject property to incorporate the annexed parcel into the parcel of 8.15 acres in size which was previously annexed by the City by means of the enactment of Ordinance Number 4437 all such actions in order to obtain utility services and develop the property for a mixture of industrial and commercial uses; and GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2020129795 Bk:9759 Page:367-374 (8Pgs) REC: 11/12/2020 10:33:04 AM by jeckenroth RECORDING FEES $69.50 Whereas, the subject property is not located within a sub -area of the 2015 Seminole County/City of Sanford Joint Planning Agreement and is not restricted for any use or uses thereunder; and Whereas, City staff and the Development Review Team (on February 25, 2020) 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. ME$ 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 Monroe Road running Southward to West First Street (State Road 46) and Northward to its terminus, and all right-of-way of Narcissus Avenue running Eastward of Monroe Road to its point of terminus, to the extent such rights-of- way are not currently located within the City Limits of the City, said property being situated in Seminole County, Florida: The North 172.5 feet of the West 175.5 feet of Lot 86, ST JOSEPHS subdivision, as recorded in Plat Book 1, Page 114, Public Records of Seminole County Florida. (See Exhibit "A" (map). Tax Identification Parcel Number 16-19-30-5AC-0000-086A). , 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). The property owners shall be responsible for all impact and connection fees associated with obtaining utility services from the City to serve the annexed property. The property owners of the annexed property fully understand that the property owners and the transferees and assigns of the property owners 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. Upon annexation, it is the property owners' intent to use the property for mixed use (industrial and commercial) purposes which uses, to be lawful, would require a rezoning of the property by the City. Water and sewer services are not currently available. (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 owners 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 41 P a 'a, e 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. Attest., Passed and adopted this 9th day of November, 2020. City Commission of the City of Sanford, FIoyida / /j 5 1 P a g e I ruff, M 6agULI&A, Me, Traci Houchin, MMC, ECRM, City Q'16r4,k For use and reliance of the Sanford,,"",'., I" City Commission only, v4 Approved as to form and legality. a Colbert, i iPityA kQ66Y /\J, IWA) 5 1 P a g e I ruff, M EXHIBIT "A" no PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES COUNTY I CITY 16-19-30-5AC-0000-086A Andrew R. Nichols, 299 Monroe Road A-1 AG 0.42 Marion N. Crawford, Anna Y. Nichols & Susan N. Winter ........... LI,MUT UNSATISFACTORY .- I FOR SCANNING 1 WEN FLORIDA CITY COMMISSION MEMORANDUM 20-215 NOVEMBER 9, 2020 AGENDA WS Fum X Item No. -*7. A To: Honorable Mayor and Members of the City Commission PREPARED BY: Jordan Smith, AICD, PP, Senior Planner SUBMITTED BY: Norton N. Bonaparte, Jr., City Manag SUBJECT: Annexation of 0.42 acre located at 299 Mooe e Road; Owners: Andrew R. Nichols, Marion N. Crawford, Anna Y. Nic s and Susan N. Winter STRATEGIC PRIORITIES: F1 Unify Downtown & the Waterfront R Promote the City's Distinct Culture F] Update Regulatory Framework F] Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A request by the property owners, Andrew R. Nichols, Marion N. Crawford, Anna Y. Nichols and Susan N. Winter to voluntarily annex 0.42 acre located at 299 Monroe Road, is being requested. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the subject property has a single family residential house of approximately 2,500 square feet that was built in 1954 and an accessory structure of 1,200 square feet built in 1959. Based on the 2019 property tax roll, the subject property has a total assessed value of $130,635. The tax bill in 2019 was $1,492.10. If annexed, the property would be assessed the City's millage rate and generate an estimated $957 in ad valorem taxes. Under existing conditions the municipal costs will be minimal, while tax revenue would increase by $957. Upon annexation, it is the applicant's intent to use the property for mixed use (industrial and commercial) purposes which would require a rezone, however, it will facilitate new non-residential construction and additional tax revenue to the City. The property is not within a Planning Area of the 2015 Seminole County/City of Sanford Joint Planning Area. BACKGROUND: The 0.42 acre site is located at the southeast comer of Narcissus Avenue and Monroe Road (CR 15/US 17/92) Existing Use Single Family Residential Proposed Use Industrial & Commercial Parcel Number 16-19-30-5AC-0000-086A Parcel Size 0.42 acre Upon annexation, the property will be in City Commission District 2. The Development Review Team (DRT) reviewed the request for annexation on February 25, 2020, 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 is not available. Sewer is not available. 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 owners, Andrew R. Nichols, Marion N. Crawford, Anna Y. Nichols and Susan N. Winter are requesting annexation to incorporate the subject parcel into the 8.15 acres which was annexed by Ordinance No. 4437 to obtain utility services in order to develop the property for industrial and commercial use. 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 Commission approved the first reading of Ordinance No. 4541 on March 9, 2020. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on March 22, 2020. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4541, to annex 0.42 acre bearing the address 299 Monroe Road as legally described into the City of Sanford. SUGGESTED MOTION: "I move to adopt Ordinance No. 4541." Attachments: Ordinance No. 4541 Exhibit "A" HIP -TI, Higher Intensity Existing Future Land Use Designation (County) Planned Development — Tar et Industry WIC, Westside Industry & Proposed Future Land Use Designation (City) Commerce Existing Zoning (County) A-1, Agriculture Corresponding 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 February 25, 2020, 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 is not available. Sewer is not available. 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 owners, Andrew R. Nichols, Marion N. Crawford, Anna Y. Nichols and Susan N. Winter are requesting annexation to incorporate the subject parcel into the 8.15 acres which was annexed by Ordinance No. 4437 to obtain utility services in order to develop the property for industrial and commercial use. 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 Commission approved the first reading of Ordinance No. 4541 on March 9, 2020. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on March 22, 2020. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4541, to annex 0.42 acre bearing the address 299 Monroe Road as legally described into the City of Sanford. SUGGESTED MOTION: "I move to adopt Ordinance No. 4541." Attachments: Ordinance No. 4541 Exhibit "A"