AGENDA REQUEST AGENDA ITEM NO: IV.B.4. 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.4. Originating Department SUBJECT: Department Head Presenter Adoption Re: Proposed Ordinance No annexing property located at 1617 Hansen Street 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 for annexation with property owners to allow for voluntary annexation of these properties into the corporate limits of the City of Sarasota. The property subject to proposed Ordinance No is located at 1617 Hansen Street. The City entered into a Pre-Annexation Agreement with the new owner of the subject property after approval by the City Commission at its May 9, 2014 regular meeting. The Pre-Annexation Agreement provided that certain vested rights under Sarasota County zoning would be preserved (if necessary) upon annexation into the City. The City has the immediate capability to provide city sewer and water services to the subject property. 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: SUPPORT DEPARTMENTS: $ 0 $ 0 Neighborhood and Development Services - Timothy Litchet Utilities - Mitt Tidwell COMMISSION ACTION: Final Action Motion: Motion By: AGENDA DISPOSITION Second By: Vote: 2

3 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; SAID REAL PROPERTY HAVING A STREET ADDRESS OF 1617 HANSEN STREET; 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 Commission approved a Pre-Annexation Agreement between the City of Sarasota and the owner of the real property located at 1617 Hansen Street, authorized the execution of said Agreement, and the same was executed by the Mayor and the City Auditor and Clerk on June 9, 2014; and, WHEREAS, the current fee simple owner of the subject real property, The Riney Real Estate Company, LLC, a Florida limited liability corporation (hereinafter "Owner"), has affirmed, consented to and executed the Pre-Annexation Agreement; and, WHEREAS, the subject property is currently receiving City water and/or sewer services or is capable of receiving City water and sewer services; and, WHEREAS, the City Auditor and Clerk or her designee has determined, pursuant to Section Vl-1601 of the City Zoning Code (2002), that the real property described herein is within the Urban Service Boundary adopted in the Sarasota City Plan, and the City finds the subject property is contiguous to the municipal limits of the City, that the annexation will not create an enclave, and that all other applicable requirements for annexation in Chapter 171, Florida Statutes, as amended, have been met or are met through this annexation; 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 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 and a statement that the complete legal description by metes and bounds and the ordinance can be obtained from the office of the city clerk, 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 herein. Page 1 of 11

4 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 Owner as set forth in the approved Pre-Annexation Agreement, 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 property more specifically described in Exhibit "A" attached hereto and incorporated by reference herein. Said Exhibit "A" contains the legal description of the parcel of property located at 1617 Hansen Street (hereinafter the "Property"), hereby annexed into the City of Sarasota and located in Sarasota County, Florida. Upon the effective date of this ordinance, the Property described in Exhibit "A" shall be included within the municipal limits of the City of Sarasota. Attached hereto and incorporated by reference is Exhibit "B", which shows the general vicinity of the Property. Section 2. For the reasons set forth below and pursuant to the provisions of Section Vll-1604(4)(b), 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 set forth in the Pre-Annexation Agreement, and further set forth as follows: a. The Sarasota County future land use classification currently applicable to the Property is "Moderate Density Residential" on the Sarasota County Future Land Use Map in the County Comprehensive Plan. b. The Sarasota County Zoning applicable to the property is RSF-2. 2 Page 2 of 11

5 c. The Property shall 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"). d. The City shall update its FLUM to reflect the addition of the Property with its City future land use classification at the first City-initiated amendment to the FLUM following the effective date of this Ordinance and the official zoning atlas shall be updated to reflect the City Zoning of the Property as RSF-2 as soon as practical following the effective date of the amendment to the FLUM. e. City acknowledges that, pursuant to s (2), Florida Statutes, Sarasota County's Comprehensive Plan and Zoning Regulations will remain applicable to the Property until the City amends its Comprehensive Plan to include the Property. City finds that the Sarasota County Zoning Interpretation Letter (attached hereto as Exhibit "C") establishes that the Property has an established right to be split into two lots, each of which will permit the construction of an allowable single family residential structure. City agrees that the County Zoning Interpretation Letter establishes that the configuration of two lots is permissible under the County Zoning Regulations, and, the City shall interpret and apply the County's Zoning Regulations to the Property consistent with the County's Zoning Interpretation Letter until the City amends its Comprehensive Plan to include the Property. 3 Page 3 of 11

6 f. The City finds and agrees that the City's "Single Family (Very Low Density)" future land use classification is consistent with the existing County future land use classification, and that application of such classification to the Property is internally consistent with the City's Comprehensive Plan and compatible with the surrounding area. City finds and agrees that City's RSF-2 zone district is consistent with the Property's existing RSF-2 County zoning and development rights, compatible with the surrounding properties and area and otherwise meets the criteria set forth in Section IV- 1106(b) of the City Zoning Code. g. City acknowledges that the City Zoning Code and the County Zoning Regulations have different access requirements for a lot located behind another lot. The City Zoning Code requires a "flag" lot with ownership of the rear lot extending to the street; the County Zoning Regulations do not allow flag lots, but instead require a 20' easement across the front parcel for access to the rear parcel. The City's Zoning Code requires lots to have frontage on a public street. City acknowledges that if the Property is divided as contemplated in the Zoning Interpretation Letter into separate parcels, with separate legal descriptions and County Property Appraiser ID numbers, the rear lot will not have frontage on a public street, but will have access through an easement. h. City agrees that if the lots are split in a manner materially consistent with the County Zoning Interpretation Letter prior to the City's 4 Page 4 of 11

7 adoption of an amendment to the City Comprehensive Plan Future Land Use Map to include the Property, City shall (1) identify and treat both lots as buildable, conforming lots of record even after the City Zoning Code applies, and (2) permit the owner(s) of the Property, at the sole discretion of the owner(s), to reconfigure the lot boundaries to create a flag lot configuration consistent with the City Zoning Code. i. City agrees that if the Property is split after the City adopts an amendment to the City Comprehensive Plan Future Land Use Map to include the Property, and applies the City's RSF-2 zoning to the Property, the Property may be divided into two lots, one of which is a flag lot, so long as each lot meets the minimum lot size and frontage requirements for the City's RSF-2 zone district. 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. 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. 5 Page 5 of 11

8 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 on December 31, 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 of PASSED on second reading and finally adopted this day of ' CITY OF SARASOTA By: Willie Charles Shaw, Mayor ATTEST: Pamela M. Nadalini City Auditor and Clerk Mayor Willie Charles Shaw Vice-Mayor Susan Chapman Commissioner Susanne Atwell Commissioner Paul Caragiulo Commissioner Shannon Snyder cityatty/jks/mm/or<vi I (hansenannexations)/06/26/ 14 6 Page 6 of 11

9 EXHIBIT A This is Parcel ID. No located at 1617 Hansen Street, Sarasota, Florida and is contiguous to the municipal limits of City and described as follows: The East 125 feet of the West 225 feet of the South feet of the East 112 of the NE 1/4 of the NW 1/4 of the NE 114 of Section 6, Township 37 South, Range 18 East, Sarasota County, Florida, less the South 25 feet therefor for Right of Way for Hansen Avenue. I EXHIBIT A Page 7 of 11

10 ~ l J -= I! ::wi! I~ ~~- _ ;,, ~/12 r, 3/1>) : [~~. ~IJOO ,01~ -1')10 1/$)1 1s16 1s3o 1$-IO mo lt)l I 13 1,1) /.(1)9 11)21 1,1))$ 241 /,1)11 1<09 I.OW "" -= l ~20 t~u 1690 Legend [~~~] Pre_Annexation ([:J) city _Limit ~ Subject parcet.shp D Parcels <all other values> Pl~E.. ANNEJCA1'JON lvfap lla N W+-ll s, EXHIBIT. I B 1\y: l'ulllio W01ks tjtllillcs ~-. Page: ~ 9 of 19 Page 8 of 11

11 SARASOTA COUNTY ''Dedicated to Quality Service" Murch 1, 2013 Stacy Dillard-Spahn, Attorney Icard Merrill Attorneys & Counselors 2033 Main Street, Suite 600 Sarasota, FL RE: 1617 Hansen Street Parcel Numher Dear Mrs. Dillard-Spahn: Thank you for your request for an interpretation letter and an administrative adjustment in accordance with Section 3.8, Administrative Adjustment, Sarasota County Zoning Code. Your letter seeks relief in lot area due to a right-of-way taking by the County. After review of the information submitted, and researching with County Staff, I offer the following for the property described below: Legal Description as referenced in the Sarasota County Property Appraiser's records: E 125FT OF W 225 Ff OF S Ff OF E 1/2 OF NE 114 OF NW l/4 OF NE 114 OF SEC , LESS S 25 FT THEREOF FOR R/W FOR HANSEN AVE The parcel is zoned Residential (RSF-2) 3.5 dwelling units per acre. The RSF-2 district require..<; a minimum lot area of 9,600 square feet, with a minimum lot width of 80-feet. Based on the survey provided, there are nonconforming structures on the property, these structures can remain and are subject to the provisions of Section 8.3 of Zoning Regulations. Additionally, the parcel contains three dwelling units constructed prior to the adoption of these zoning regulations. Therefore, the three dwelling units can remain and arc subject to the provisions of Section 8.5 of the Zoning Regulations. As referenced in your letter, you wish to subdivide the parcel into two lots. Currently the parcel is 24,650 square feet in size and approximately 242 square feet short of having the ability to subdivide into two parcels and still meet the RSF-2 district standnrds. However, based on information you have provided, we were able to determine that a portion of property was taken from the subject parcel for widening the right of way of Hansen Street. As noted in Section "Reduction in Lot Area Prohibited", subsection b the code allows the Zoning Administrator to grant a reduction for lot dimensions due to the right of way taking. Therefore, your request to subdivide the parcels into two lots is permitted and would not be subject to subdivision review. PLANNING & DEVELOPMENT SERVICES, Zoning Administration 1001 Sarasota Center Boulevard, Sarasota, FL Tel EXHIBIT J c Page 9 of 11

12 Stacy Dillard-Spahn, Attorney Tatum Road Parcel Number Page Two Additionally, should the existing dwelling units be removed, each proposed lot may be improved with a single-fam il y dwelling unit and accessory structures in compliance with the zoning code. A minimum 20-foot ingress/egress casement would be required for the parcel not having direct acce-ss to Hansen Street. This response is based upon information received from the applicant and is supported by current County Zoning Ordinances. Other agencies, state, local and federa l, ordinances, ordinance updates, regulations, recorded documents or environmental conditions may also affect the development or usc of this property. If you should have any questions regarding this informal ion, please do not hesitate to contact our office at (941) l. Sincerely, /~vr~ - d v../j Brad Bailey Zoning Administrator u Plt11111ing a11d Developmellf Sen ices is committed to mai11taining the highest levels of service and mlues your feedback. Please lake a few momc/1/s to completr our cu.~tomer service sun ey a/ htto:lluww..\"ci:v\".iie/ipimlllinr:anddel"t>lomnenr/pimulillfuuujdcl'elounteiiuilj!. Once m rhis link, click!he ''Give Us Your Feedback'" buffon. Thank you in atf\"(/1/cefor /effing us know what youlhink. Page 10 of 11

13 NOTICE OF PUBLIC HEARING ORDINANCE NO Notice is hereby given that the CITY COMMISSION of the City of Sarasota, Florida will meet on Monday, July 7, 2014 at 6:00p.m. in the Commission Chambers, City Hall, 1565 First Street, Sarasota, Florida. St11rtiug at 6:00p.m. or as soon thereafter as possible, the Comm ission will open the scheduled Public Heal'ings 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 TH E CITY OF SARASOTA; SAID REAL PROPERTY HAVING A STREET ADDRESS OF 1617 HANSEN STREET; REDEHNING TilE lloundary LINES OF THE CITY OF SARASOTA TO fnclude 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 Development Services and the Office of the City Auditor and Clerk at City I Jail 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 any decision made by the board, agency, or conunission 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 Clerk 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, 2014 Page 11 of 11