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Ordinance No. 2023-4761
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 01-20-
30-506-0000-4020 which is generally addressed as 2640 Oak 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 is the fee simple title owner of the real property being
assigned the following Tax Identification Parcel Number by the Seminole County
Property Appraiser:
Tax Identification Parcel Number Owner
01-20-30-506-0000-4020
EM
Keeping It Clean Volusia LLC
Whereas, the property owner is a Florida limited liability company from
Daytona Beach whose sole manager is Danyzea Small; and
Whereas, the subject real property (a site 0.22 acre or 9,600 square feet in
size) is addressed as 2640 Oak Avenue and is located on the west side of Oak Avenue
350 feet north of its intersection with West 27th 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,
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2024003352 Bk:10564 P9:522-529(8Pgs)
REC: 01/11/202410:09:21 AM by jeckenroth
RECORDING FEES $69.50
11°
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 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.
EM
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:
2Page
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 01-20-30-506-0000-4020 (See Exhibit
"A" (map)) and described as:
In Section 01, Township 20 South, Range 30 East, Seminole County,
South Y2 of Lot 400 and all of Lot 402, plat of FRANK L. WOODRUFF's
SUBDIVISION, in accordance with the plat thereof recorded at Plat Book 3
Page 44, of the Public Records of Seminole County, Florida.
together with all right-of-way of Oak Avenue north of West 27t' Street through to West
26t'' Street, all of Myrtle Avenue West 27th Street through to West 26th Street, and all of
Lemon Street eastward from Elm Avenue to Palmetto Avenue, 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
intends 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 located in the alley to the west. The property owner shall be responsible for
all impact and connection fees associated with obtaining utility services from the City to
serve 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, 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 owner 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 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 owner shall be responsible for the costs of connection.
31 Page
(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
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.
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
4 1 P a g e
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 8t" day of January 2024.
Attest: City Commission
Sanford, Floridaf
t
Traci Houchin, MMC, FCRM F Art'Woodruff
City Clerk p ',N. > Mayor
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
J
William L. Colbert, City Attorney
of the City of
5 1 P oil
EXHIBIT "A"
LEGAL DESCRIPTION:
S 1/2 of LOT 400 & All of Lot 402,
FRANK L WOODRUFFS SUBD,
according to the platthereof as
recorded in Plat Book 3,Page 44,
of the publicrecords of Seminole
County, Florida.
RREQUEST
-----------------
7 s
PROPERTY I.D.#
PROPERTY OWNER
01-20-30-506-0000-4020 KEEPING IT CLEAN
VOLUSIA LLC
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PROPERTY ADDRESS
2640 OAK AVE
PROPERTYZONING ACRES'
COUNTY CITY
R-1 I RI -1 0.22
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PROPERTY ADDRESS
2640 OAK AVE
PROPERTYZONING ACRES'
COUNTY CITY
R-1 I RI -1 0.22
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oCITY OF
SkNFORD FLORIDA►% APPRD ED
CITY COMMISSION MEMORANDUM 24-003
JANUARY 8, 2024 AGENDA
WS RM QX
Item No. / Lo)
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP, Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-Ma ager
SUBJECT: Ordinance No. 4761; Annexatiorrof0.22 aef(es or 9,600 square feet of real
property located at 2640 Oak Avenue; 04er: Keeping It Clean Volusia
LLC
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, Keeping It Clean Volusia LLC to voluntarily annex 0.22 acres
or 9,600 square feet of real property located at project address 2640 Oak Avenue has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject parcel is assessed as vacant residential
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)
01-20-30-506-0000-4020
$29,040
$445
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 on the west side of
Oak Avenue 350 feet north of its intersection with West 27`x' Street.
Existing Use
Single- milResidence
Proposed Use
Single-family Residence
Parcel Number
01-20-30-506-0000-4020
Parcel Size
0.22 Acres or 9,600 Square Feet
Existing Future Land Use Designation(County)
Low Density Residential
Proposed Future Land Use Designation Cit
Low Density Residential Single-family, LDRSF
Existing Zoning Count
R-1, Single-family Residential
Equivalent Zoning Ci
SR -1, Single-family Residential
Proposed Zoning Ci
SR -1, Single-family Residential
Upon annexation, the property will be in City Commission District 3.
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 and sanitary sewer are unavailable for this property. There is a two-inch water main
located in the alley to the west. 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 owner, Keeping It Clean Volusia LLC, is 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. 4761 on December 11, 2023.
The City Clerk published notice of the 2°d Public Hearing in the Sanford Herald on January 7,
2024.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4761.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4761."
Attachments: (1) Ordinance No. 4761.
(2) Exhibit "A".
FLORIDA DEPARTMENT Of STATE
RON DESANTIS
Governor
February 9, 2024
Traci Houchin, City Clerk
City of Sanford
P.O. Box 1788
Sanford, FL 32772-1788
Dear Traci Houchin,
CORD BYRD
Secretary of State
This will acknowledge receipt of your letter dated January 10, 2024, and copy of Ordinance No. 2023-
4761, which was adopted by the City of Sanford on January 8, 2024, and filed with the Florida Department
of State on January 17, 2024.
If you have any questions or need further assistance, please contact me at (850)245-6271 or
Matthew.Hargreaves@DOS.MyFlorida.com.
Sincerely,
Matthe argreaves
Administrative Code and Register Director
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270