AGENDA REQUEST AGENDA ITEM NO: IV.B.5. Consent Agenda No. 2. July 21, 2014 BY City Attorney Robert Fournier City Attorney Fournier SUBJECT:

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1 AGENDA HEADING: Consent Agenda No. 2 AGENDA REQUEST COMMISSION MEETING DATE: July 21, 2014 BY City Attorney Robert Fournier City Attorney Fournier AGENDA ITEM NO: IV.B.5. Originating Department SUBJECT: Department Head Presenter Adoption Re: Proposed Ordinance No annexing two properties along Garden Lane, into the corporate limits of the City of Sarasota. COMMISSION PRIORITIES: Business Requirement EXPLANATION: The City has provided water and/or sewer services to many unincorporated properties adjacent to the municipal limits, and has signed pre-annexation agreements and/or accepted voluntary petitions for annexation from property owners to allow for voluntary annexation of these properties into the corporate limits of the City of Sarasota. The two properties subject to proposed Ordinance No are located on Siesta Key, on the south side of Garden Lane, with street addresses of 204 and 226 Garden Lane. These two parcels are split parcels, in that the northern half of each property is already located in the City but the southern half is outside the municipal limits. Both parcels currently have city sewer and water services and the owners have requested that the unincorporated half of each property be annexed into the corporate limits of the City of Sarasota. ADMINISTRATION'S RECOMMENDATION: Motion to adopt Ordinance No on second reading. APPROVAL SUMMARY: Approval Department Head Approval City Auditor and Clerk Approval Required Date Completed Y 07/08/2014 Y 07/08/2014 Completed By Robert Fournier Pamela Nadalini Status APPROVED APPROVED

2 ADDITIONAL EXPLANATION: AGENDA REQUEST ADDITIONAL ADMIN RECOMMENDATION: FUNDING SOURCE: AMOUNT: HOUSING IMPACT (Per House): NEW CONSTRUCTION: REHABILITATION: $ 0 $ 0 SUPPORT DEPARTMENTS: City Auditor and Clerk - Pamela M. Nadalini Neighborhood and Development Services - Timothy Litchet City Attorney - Robert Fournier City Manager - Thomas Barwin Utilities - Mitt Tidwell COMMISSION ACTION: Final Action Motion: Motion By: AGENDA DISPOSITION Second By: Vote: 2

3 Draft/jks/mm/ ORDINANCE NO AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LYING CONTIGUOUS TO THE CITY LIMITS INTO THE CORPORATE LIMITS OF THE CITY OF SARASOTA; CONSISTING OF THE SOUTHERN HALVES OF TWO PROPERTIES HAVING STREET FRONTAGE ON GARDEN LANE, SUCH REAL PROPERTY HAVING STREET ADDRESSES OF 204 AND 226 GARDEN LANE; REDEFINING THE BOUNDARY LINES OF THE CITY OF SARASOTA TO INCLUDE SAID REAL PROPERTY; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received Petitions for Voluntary Annexation submitted by owners of properties on Garden Lane; and, WHEREAS, the properties, with street addresses of 204 and 226 Garden Lane, are "split" lots, whereby the northern half of each lot is currently within the municipal limits of the City of Sarasota, and the southern half of each lot is located outside of the municipal limits; and WHEREAS, the current fee simple owners of the subject real properties (hereinafter collectively referred to as "the Owners"), have requested and consented to the annexation of the southern portion of each property that is currently located outside of the municipal limits; and, WHEREAS, the subject property addresses are currently receiving City water and sewer services; and, WHEREAS, the City has filed Master Application No. 09-ANX-01 on September 25, 2008, requesting that the real properties described herein (being part of "Phase II-A" of the annexations pursuant to said Master Application) be annexed into the corporate limits of the City of Sarasota; and, WHEREAS, Master Application No. 09-ANX-01, Phase 11-A, shall be considered in accordance with the requirements and procedures set forth in Section , Florida Statutes (2013) pertaining to voluntary annexation; and, WHEREAS, the real property described herein is within the Urban Service Boundary established by Section Vll-1601, Zoning Code (2002); and, WHEREAS, notice of the annexation proposed by this Ordinance has been published once each week for two consecutive weeks in a newspaper of general Page 1 of 8

4 circulation within the City of Sarasota as required by Section (2), Florida Statutes (2013); and, WHEREAS, the published notice of annexation contained this Ordinance number, a brief general description of the area proposed to be annexed and a map clearly showing the area proposed to be annexed, all as required by Section (2), Florida Statutes (2013); and, WHEREAS, the City Commission has held a duly noticed public hearing on July 7, 2014 to consider the annexation proposed by Master Application No. 09-ANX-01 Phase 11-A. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SARASOTA, FLORIDA: Section 1. The City Commission, after consideration of the evidence presented at the public hearing held July 7, 2014, and in reliance upon the representations made and covenants undertaken by the Owners as set forth in the Petitions for Voluntary Annexation, hereby annexes into the corporate limits of the City of Sarasota, Florida, and redefines the boundary lines of the City of Sarasota so as to include, the properties listed in Exhibit "A" attached hereto and incorporated by reference herein. Said Exhibit "A" contains the legal descriptions of the two (2) parcels of property, both located on Garden Lane, hereby annexed into the City of Sarasota and located in Sarasota County, Florida. Upon the effective date of this ordinance, all of the real property described in Exhibit "A" shall be included within the municipal limits of the City of Sarasota. Also, attached hereto and incorporated by reference is Exhibit "B", which shows the general vicinity of the property to be annexed. Section 2. For the reasons set forth below and pursuant to the provisions of Section Vll-1604( 4 )(b), and given the "split" nature of the properties, the Property shall not be subject to the Zoning Equivalency provisions of Section Vll-1604, Zoning Code (2002), but shall be subject to the Zoning and conditions as agreed upon between the City and property owners, and further set forth as follows 2 Page 2 of 8

5 a. 204 Garden Lane: The portion of this Property located in the City (Parcel ID# ) is currently assigned the City RSF-2 Zone District. The southern portion of this property (Parcel ID# ), which is the portion being annexed hereunder ("County parcel"), is currently zoned RSF-1 under County zoning regulations and shall, upon annexation, be assigned the City RSF-2 Zone District and shall be classified as "Single Family (Very Low Density)" on the City Future Land Use Map (FLUM). b. 226 Garden Lane: The portion of this Property located in the City (Parcel ID# ) is currently assigned the City RSF-2 Zone District. The southern portion of this property (Parcel ID# ), which is the portion being annexed hereunder ("County parcel"), is currently zoned RSF-2 under County zoning regulations and shall, upon annexation, be assigned the City RSF-2 Zone District and shall be classified as "Single Family (Very Low Density)" on the City Future Land Use Map (FLUM). Section 3. The City Commission hereby formally and according to law, accepts the dedication of all easements, streets, parks, plazas, rights-of-way, and other dedications to the public which have heretofore been made by a plat, deed, or user within the area so annexed. 3 Page 3 of 8

6 Section 4. The City Auditor and Clerk is authorized and directed to file a certified copy of this Ordinance with the Clerk of the Circuit Court of Sarasota County, Florida, the County Administrator for Sarasota County, and the Florida Department of State within seven (7) days after the effective date of this Ordinance as required by Section (3), Florida Statutes (2013). Section 5. Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Should any section, sentence, clause, part or provision of this Ordinance be declared invalid or unenforceable by a court of competent jurisdiction, the same shall not affect the validity of this Ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 7. This ordinance shall take effect immediately upon second reading. PASSED on first reading by title only, after posting on the bulletin board at City Hall for at least three (3) days prior to first reading, as authorized by Article IV, Section 2, Charter of the City of Sarasota, Florida this 7th day of July, PASSED on second reading and finally adopted this day of ' Willie Charles Shaw, Mayor ATTEST: Pamela M. Nadalini, MBA, CMC City Auditor and Clerk 4 Page 4 of 8

7 Mayor Willie Charles Shaw Vice Mayor Susan Chapman Commissioner Shannon Snyder Commissioner Suzanne Atwell Commissioner Paul Caragiulo cityatty(jks/mm/section 11 B - Garden Lane/2014/ / Page 5 of 8

8 EXHIBIT A Garden Lane - PID # S 1/2 OF LOT 8 & S 1/2 OF W 31 FT OF LOT 7 & N 1/2 OF VAC ALLEY ADJ TO SOUTH BLK 24 REVISED PLAT OF SIESTA Garden Lane - PID # THAT PORTION OF FOLLOWING LYING OUTSIDE CITY LIMITS OF SARASOTA W 1/2 OF LOT 5 ALL OF LOT 6 & E 19 FT OF LOT 7 & N 1/2 OF VACATED ALLEY LYING S OF & ADJ TO W 1/2 OF LOT 5 & LOT 6 & E 19 FT OF LOT 7 BLK 24 REVISED PLAT OF SIESTA Page 6 of 8

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10 NOTICE OF PUBLIC HEARING ORDINANCE NO Notice is hereby given that the CITY COi\11\IISSION of the City of Sarasota, Florida will meet on l\ionday, July 7, 2014 at 6:00 p.m. in the Commission Chambers, City Hall, 1565 First Street, Sarasota, Florida. Starting at 6:00p.m. ot as soon thereaftu as possible, the Commission will open the scheduled Public Hearings in the order they appear on the Agenda. The following Ordinance No will be considered at the above scheduled meeting: ORDINANCE NO AN ORDINANCE OF THE CITY OF SARASOTA, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LYING CONTIGUOUS TO THE CITY LIMITS INTO THE CORPORATE LIMITS OF THE CITY OF SARASOTA; CONSISTING OF THE SOUTHERN HALVES OF TWO PROPERTIES HA V!NG STREET FRONTAGE ON GARDEN LAJ\'E, SUCH REAL PROPERTY HAVING STREET ADDRESSES OF 204 AND 226 GARDEN LANE; REDEFINING THE BOUNDARY LINES OF THE CITY OF SARASOTA TO INCLUDE SAID REAL PROPERTY; PROVIDING FOR THE SEVERABILITY OF THE PARTS HEREOF; PROVIDING FOR READING BY TITLE ONLY; AND PROVIDING FOR AN EFFECTIVE DATE. Annexation Location Annexation Parcel Detail ORDINANCE NO ~ Annexation Sites Said proposed Ordinance is on file in the Department of Neighborhood and Dc\'Clopment Services and the Office of the City Auditor and Cieri{ at City Hall at the above address for public inspection from 8:00a.m. to 5:00p.m., Monday through Friday. This is a public hearing; therefore, all interested persons will be entitled to personally testify at the hearing and to submit documents or letters. If a person decides to appeal ruty decision made by the board, agency, or commission with respect to any matter considered at such meeting or hearing, he or she will need a record of the proceedings, and, for such purpose, he or she may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Reasonable auxiliary aids and services will be made available to qualified disabled individuals to the extent that no undue financial or administrative burden results. Please advise the Office of the City Auditor and Cieri{ at least two (2) business days in advance as to the nature of the aid and/or service desired. CITY OF SARASOTA By: Pamela M. Nadalini, MBA, CMC City Auditor and Clerk Publish Date: June 27, 2014 and July 4, Page 8 of 8