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4694 Annexation of 0.09 acres - 2226 Southwest RoadOrdinance No. 2022-4694 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 34-19- 30-511-OA00-0050) which is generally addressed as 2226 Southwest Road located contiguous to the City of Sanford together with associated rights -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 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 owner of the real property being assigned the following Tax Identification Parcel Numbers by the Seminole County Property Appraiser: Tax Identification Parcel Numbers Owner 34-19-30-511-OA00-0050 ; and Ronnie De Bose Jr. Whereas, the subject real property [a site containing 0.09 acre (4,000 sq. ft.)] is located at project address 2226 Southwest Road in unincorporated Seminole County on the west side of Southwest Road approximately 150 feet north of its intersection with Bungalow Boulevard; and Whereas, City staff 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 1 � ' GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2022070640 Bk:10260 Pg:947-954(8Pgs) REC: 06/16/2022 10:47:02 AM by mjenkins RECORDING FEES $69.50 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 it being specifically found and determined that the property being annexed does not leave any real property in unincorporated Seminole County totally enclosed within the City Limits of the City; 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 descriptions 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: 2 1 P a g e Section 1. Legislative and Administrative Findings/Annexation of Property. (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 rights -of -way of Southwest Road, and Bungalow Boulevard, all to the extent such right-of-way is not currently located within the City Limits of the City, said property being situated in unincorporated Seminole County, Florida: Tax identification Parcel Number 34-19-30-511-OA00-0050. (See Exhibit "A" (map), and more specifically described as: Lot 5, Block A, BUNGALOW CITY, according to the plat thereof as recorded in Plat Book 7, Page 82, of the public records of Seminole County, Florida. 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). Upon annexation of the subject real property, it is the property owner's intent to construct a single-family residence. If annexed, the construction of a single- family residence will have minimal impact on public facilities and services. (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. The City has not waived any rights or remedies by taken the action set forth herein or by approving any successive development orders and reserves any and all rights and remedies available to the City under controlling law 3 1 P a g e including, but not limited to, the protections under the laws pertaining to sovereign immunity. 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 Seminole County 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 property to include, but not be limited to, annexed rights - of -way and natural features. Also, in accordance with the provisions of Section 171.091, Florida Statutes, a copy of the document submitted to the Florida Department of State 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. 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. 4 1 P a g e Passed and adopted this 13th day of June, 2022. Attest: City Commission of the City of Sanford, Florida /,, Traci Houchin, MMC, FCRM ow-r o City Clerk Ma ' r For use and reliance of the San r City Commission only. Approved as to form and legality. z— William L. Colbert City Attorney 51PagI EXHIBIT "A" S��,FORp FLORIDA CITY COMMISSION MEMORANDUM 22-149 JUNE 13, 2022 AGENDA W S RM Item No. 1.4 To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP — Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City SUBJECT: Annexation of 0.09 acres located at projecl Owner: Ronnie De Bose Jr. STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: ;t Road; A request by the property owner, Ronnie De Bose Jr, to voluntarily annex a 0.09 acre(s) real property located at project address 2226 Southwest Road ("Subject Property") has been received. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the Subject Property is a vacant residential parcel of real property with the assessed tax value and total tax bill for 2021 as shown below: Parcel Number Assessed Value (2021) Tax Bill (2021) Property Status 34-19-30-511-OAOO-0050 $7,577 $123 Vacant Residential Upon annexation, it is the applicant's intent to construct a single-family residence on the subject property upon issuance of the necessary permits. If annexed, the construction of a single-family residence will have minimal impact on public facilities and services. No additional staffing is anticipated if the request is approved. BACKGROUND: The above referenced subject property is located in unincorporated Seminole County on the west side of Southwest Road approximately 150 feet north of its intersection with Bungalow Boulevard. Existing Use Vacant Residential Proposed Use Single Family Residence Parcel Number 34-19-30-511-OA00-0050 Parcel Size 0.09 Acres, 4,000 Square Feet Existing Future Land Use Designation (County) COM, Commercial Proposed Future Land Use Designation (City) GC -General Commercial Existing Zoning (County) C-1, Retail Commercial Equivalent Zoning (City) GC-2, General Commercial Proposed Zoning (City) GC-2, General Commercial Upon annexation, the subject property will be located in City Commission District 2. Staff has reviewed the request for annexation and found the request meets 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. Utilities: The City has an existing eight (8) inch water main located in front of the subject property on the west side of Southwest Road. Sewer and reclaim water service is not available to this area on Southwest Road. Payment of all impact and connection fees associated with obtaining utility services from the City shall be the property owner's responsibility. The property owner, Ronnie De Bose Jr, is requesting annexation into the City to obtain water service from the City for a proposed single-family residence to be constructed on the subject property. 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 annexing the subject property into the City. The City Commission approved the first reading of Ordinance No. 4694 on May 23, 2022. The City Clerk published notice of the 2rid Public Hearing in the Sanford Herald on May 29, 2022. RECOMMENDATION: It is staff s recommendation that the City Commission adopt Ordinance No. 4694. SUGGESTED MOTION: "I move to adopt Ordinance No. 4694." Attachments: Ordinance No. 4694 Exhibit "A"