Loading...
4758 Annexation of 0.19 Acres - 1815 Peach AvenueGRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2023114500 Bk:10553 Pg 1101-1108(8Pgs) REC: 12/18/2023 10:30:53 AM by hdevore RECORDING FEES $0.00 Ordinance No. 2023-4-15t3 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 35-19- 30-513-0800-0060 which is generally addressed as 1815 Peach Avenue 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 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 owners of the real property being assigned the following Tax Identification Parcel Number by the Seminole County Property Appraiser: Tax Identification Parcel Number Owners 35-19-30-513-0800-0060 ; and Nicholas and Amanda Christo Whereas, the subject real property (a site 0.19 acre or 8,200 square feet in size) is addressed as 1815 Peach Avenue and is located on the east side of the southern terminus of Peach Avenue, approximately 234 feet south of West 18th Street; 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 the creation of any enclave (and, indeed, logically fills in the City Limits of the City and is 1 1 P a g _. 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(Page 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, said property being situated in Seminole County, Florida: Tax Parcel Identification Number 35-19-30-513-0800-0060 (See Exhibit "A" (map)) and described as: In Section 35, Township 19 South, Range 30 East, Seminole County, Lots 6 and 7, Block 8, subdivision of PINE LEVEL, in accordance with the plat thereof recorded at Plat Book 6 Page 37, of the Public Records of Seminole County, Florida. together with all right-of-way of Pear Avenue north of West 19th Street, Peach Avenue north of West 19th Street, the alley running northward of West 19th Street between Peach Avenue and Strawberry Avenue, that right of way of Strawberry Avenue running north of West 19th Street, the alley running northward of West 19th Street between Strawberry Avenue and Mulberry Avenue and that right-of-way of Mulberry Avenue running northward and southward of West 19th Street, 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 owners' intent to obtain City water services. City water services are available to the property. City reclaimed water services are unavailable for this property. There is a 2" water main and an 8" sanitary sewer located on the west side of Peach Avenue.. 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 understands that the property owners and the transferees and assigns of the property owners shall incur any and all of the costs of routing, extending, connecting, sizing 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 and system requirements as well as the requirements of controlling State law. The property owners shall be responsible for any and all costs and expenses relating to the routing any and all lines to the subject property and for providing any necessary facilities and equipment including, but not limited to, the granting of utility 3Page easements to the City as may be determined to be necessary by the City. In the event that full services become available in the future, the property owners shall be responsible for the costs of connection. (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. 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 including, but not limited to, the protections under the laws pertaining to sovereign immunity. Section 3. Administrative Actions. (a). Within 7 days of the enactment 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 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. _ _ _ __41Page 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. Passed and adopted this 11th day of December 2023. Attest: Traci Houchin, MMC, FCRM City Clerk For use and reliance of the Sc, City Commission only. Approved as to form and lega ford William L. Colbert, City Attorney City Commission of the City of Sanford, Florida A 51 Page- CITY OF nn(l,R�n SkNFORD FLORIDA CITY COMMISSION MEMORANDUM 23230 DECEMBER 1 1 , 2023 AGENDA WS RM Item No. 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 Manager SUBJECT: Annexation of 0.19 acres or 8,200 square feet of real property located at 1815 Peach Avenue; Owner: Nicholas and Amanda Christo 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, Nicholas and Amanda Christo to voluntarily annex 0.19 acres or 8,200 square feet of real property located at project address 1815 Peach Avenue has been received. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the subject parcel contains one Single-family Residence with the assessed tax value and total tax bill for 2023 shown below: Parcel Number Assessed Value Tax Bill Property Status Parcel Number (2023) (2023) 0.19 Acres or 8,200 Square Feet 35-19-30-513-0800-0060 $62,811 $1,670 Single-family Residence Upon annexation, it is the applicant's intent to connect to the city water. Annexation of the property will result in additional tax revenue for the City. No additional staffing is anticipated if the annexation is approved. BACKGROUND: The above referenced property is located in unincorporated Seminole County east side of the southern terminus of Peach Avenue. Existing Use Single-family Residence Proposed Use Single-family Residence Parcel Number 35-19-30-513-0800-0060 Parcel Size 0.19 Acres or 8,200 Square Feet Existing Future Land Use Designation Count Medium Density Residential Proposed Future Land Use Designation Ci Medium Density Residential, MDR -15 Existing Zoning (County) R-1, Single-family Residential Equivalent Zoning Cit SR -1, Single-family Residential Proposed Zoning Ci SR -1, Single-family Residential Upon annexation, the property will be in City Commission District 2. Staff has reviewed the request for annexation 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. UTILITIES: City reclaim is unavailable for this property. There is a two-inch water main, and an eight -inch sanitary sewer located on the west side of Peach Avenue. The owner is required to connect to water in accordance with Utility Manual specifications and pay all required permitting and connection fees. The owner shall be responsible for upsizing existing utilities required to meet all utility specifications at its cost. All utility lines, water, sewer, and reclaim shall be installed per the City Utility Manual specifications and requirements. Any improvements required to the City's sewer system to accommodate the proposed development will be at the developer's expense. All impact and connection fees associated with obtaining utility services from the City shall be the property owner's responsibility. The property owners, Nicholas and Amanda Christo, are requesting annexation to obtain utility services. 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. 2023-4758 on November 13, 2023. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on December 3, 2023. RECOMMENDATION: It is the staff's recommendation that the City Commission adopt Ordinance No. 2023-4758. SUGGESTED MOTION: "I move to adopt Ordinance No. 2023-4758." Attachments: (1) Ordinance No. 2023-4758. (2) Exhibit "A".