CITY COUNCIL AGENDA ITEM

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1 Meeting Date: November 14, 2017 Agenda Item #: lo!) CITY COUNCIL AGENDA ITEM Contact Name: Contact Number: Joseph Ruiz (386) Consent Agenda Council Approval Discussion & Action Ordinance First Reading Public Hearin Ordinance Second Rea din Resolution r---t-- Presentatio:_n L l_W_ orkshop SUBJECT:. Second reading of a voluntary annexation petition of acres located at 915 Joe Street (ANNX ). BACKGROUND: Miria Aviles, owner of the Fountainview Apartment Complex, LLC, has requested annexation of certain real property located at 915 Joe Street (parcel no ) into the City limits. The request satisfies a requirement of the September 7, 2016 Conditional Use approval of the multifamily use. The annexation is compact, contiguous and does not create an enclave. The petition meets the statutory requirements for annexation pursuant to Florida Statute The annexation of this property continues the City Council's intent to "square off" and "fill in" areas within the City's designated planning area. This annexation is consistent with the City's comprehensive plan policy and goal 9 of the Future Land Use Element. Further, objective 9.1 states, "the City and County shall encourage and actively pursue the annexation of all unincorporated areas within the City's Designated Planning Area (DPA)." Based on Volusia County's 2017 tentative tax roll information, the taxable value of the property is $8,674, thereby creating potential City ad va lorem revenue of $69.96, and a stormwater assessment fee of $ Following second and final reading of the annexation ordinance, and under separate cover, staff intends to process an administrative Future Land Use Map

2 amendment from County Urban Medium Intensity (UMI) to City Commercial General (CG) designation and a rezoning from County Urban Single Family Residential (R-4) to City General Commercial (CG-2). On October 24, 2017, City Council approved the annexation at first read ing. No one from the public spoke for or against the annexation. COUNCIL DISTRICT: District 2 - Council Member Allebach RECOMMENDATIONS: Approve Ordinance No 584 at second reading. ATTACHMENTS: Property Status Report Annexation Petition FINANCIAL IMPACT: New City ad valorem taxes of $69.96 and stormwater assessment fee of $ STRATEGIC PLAN: Continue appropriate annexation activity

3 ORDINANCE NO. 584 AN ORDINANCE OF THE CITY OF ORANGE CITY, FLORIDA, ANNEXING 0.15 ACRES OF CERTAIN REAL PROPERTY INTO THE CORPORATE LIMITS, AND INCLUDING TO THE CENTERLINE OF ALL SURROUNDING RIGHTS-OF-WAY LOCATED AT 915 JOE STREET; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING A SEVERABILITY CLAUSE, AND FOR AN EFFECTIVE DATE. WHEREAS, Fountainview Apartment Complex, LLC is the owner of certain real property (Parcel No ) located on the west side of Joe Street, approximately 150 feet south of East Ohio Avenue, containing approximately 0.15 acres as hereinafter described, and WHEREAS, the subject property is currently situated within the jurisdiction of the County of Volusia, and WHEREAS, the property owner is desirous of having the property annexed into the City limits of the City of Orange City, Florida, and WHEREAS, the property owner has petitioned the City of Orange City for voluntary annexation of the property pursuant to Florida Statute , and WHEREAS, the City Council of the City of Orange City hereby finds that the property is contiguous to and abuts the City boundaries of the City of Orange City, Florida, and that the property is reasonably compact, and annexation of said property will not result in the creation of an enclave, and that said annexation meets the other requirements of Florida Statute , and WHEREAS, the City of Orange City, Florida, is in a position to provide municipal services to the property described herein, and the City Council of the City of Orange City, Florida, deems it in the best interest of the City to accept said petition and annex said property. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF ORANGE CITY, FLORIDA: SECTION 1. Fountainview Apartment Complex, LLC property, located on the west side of Joe Street, approximately 150 feet south of East Ohio Avenue, containing approximately 0.15 acres (Parcel No ), a description of which is attached Page 1 of 3

4 hereto as Attachment "A" and illustrated in Attachment "8", and by reference incorporated herein with full force and effect, is hereby annexed and made part of the City of Orange City, Florida, pursuant to Section , Florida Statutes, including to the centerline of all surrounding public rights-of-way. SECTION 2. The City Clerk of the City of Orange City, Florida, is hereby directed pursuant to Section (3) of the Florida Statutes to comply with the public notification requirements for adoption of this ordinance, including sending a copy of the notice, via certified mail, to the County Council of the County of Volusia, and that upon adoption of this ordinance, certified copies shall be filed with the Clerk of the Circuit Court and the Chief Administrative Officer of the County of Volusia, the Department of State in Tallahassee, and the Office of the Governor, within seven days from the effective date of the ordinance, pursuant to Section SECTION 3. Upon this ordinance becoming effective, the property will lie within Orange City Council District 2 and the property owners and any residents on the property described herein shall be entitled to all the rights and privileges and immunities as are from time to time granted to residents and property owners of the City of Orange City, Florida, as further provided in Chapter 171, Florida Statutes, and shall further be subject to the responsibilities of residence or ownership as may from time to time be determined by the governing authority of the City of Orange City, Florida, and the provisions of said Chapter 171, Florida Statutes. SECTION 4. Repealer: All ordinances or parts of ordinances and all resolutions in conflict herewith be and the same are hereby repealed, as well as any portion in conflict herewith. SECTION 5. Severability: If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. SECTION 6. Effective Date: This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Orange City, Florida. Page 2 of 3

5 ROLL CALL VOTE AS FOLLOWS (): First Reading this day of, Anthony Pupello Jim Mahoney Evelyn Robinson Jeff Allebach Bill O'Connor Gary Blair, Mayor 0. William Crippen, Vice Mayor ROLL CALL VOTE AS FOLLOWS (): Second Reading this day of, Anthony Pupello Jim Mahoney Evelyn Robinson Jeff Allebach Bill O'Connor Gary Blair, Mayor 0. William Crippen, Vice Mayor PASSED and ADOPTED this day of, ATTEST: AUTHENTICATED: Gloria J. Thomas, CMC, City Clerk Gary A. Blair, Mayor Approved as to form and legal sufficiency: William E. Reischmann, Jr., City Attorney Page 3 of 3

6 Exhibit A Legal Description Fountainview Property Annexation Name: Street Address: ParceiiD: Acreage: Legal Description: Fountainview Apartment Complex, LLC 915 Joe Street ±0.15 Lots 6 & 7, Block C, Haley Place, Block 29, Orange City, as recorded in Plat Book 6, Page 207, Located in Section 11, Township 18 South, Range 30 East, Volusia County, Florida. Including to the centerline of all surrounding rights-of-way. All located in Section 11, Township 18 South, Range 30 East, Volusia County, Florida. Attachment A

7 Exhibit B ' lr J,LbANQ :-= - l I - J I 1!-r---- RHODE ISLANDAVW [ Fountain View Apartments 915 Joe Street Annexation Petition ANNX Location Map + N 1 inch = 400 feet Legend Streets c::::j Parcels Orange City Fountain View Annex ' ' Volusia County Date Created Attachment B

8 Property Status Report Annexation wners h' 1p St a t us Property Owner Fountainview Apartment Complex, LLC Applicants Name Maria Aviles Mailing Address 910 S. Vol usia Avenue r City Orange City I State I Florida I Zip I G en era 10 escnp11on o fc urren tp rope rt ty St a t us Property Location Located on the west side of Joe Street, approximately 150 feet south of East Ohio Avenue. Property Address 915 Joe Street Size of Property Width: I 50 I Depth: 1132 I Acres: I ±0.15 Total Acres ±0.15 Population None Number of Structures 2 accessory structure sheds Dwelling Units None Building Square Feet 440 square feet (200 SF and 240 SF for a total of 440 SF) Parcel Number Legal Description See Exhibit A Legal Description to Ordinance 584 Current and Potential Revenue Status Assessment Data Description Volusia County Orange City Assessed Land Value $8, $8, Assessed Building Value $0.00 $0.00 Exemption $0.00 $0.00 Taxable Value $8, $8, County Millage Rate City Millage Rate N/A County Fire and MSD Rate N/A School, Special District, and Hospital Authority Rate Total rates Ad Valorem and Millage Tax Payment $ $ Stormwater fee $72.00 $12.55 Garbage fee $0 $0 TOTAL TAXES PAID ANNUALLY $ $ Difference - $44.33 *The above revenues are based on the 2017 tentative millage rates and property value as l1sted 1n the Volus1a County 2017 TRIM. Fountainview Property Status Report Page 1

9 Property Status Report Annexation The property is currently undeveloped with two accessory structure sheds servin the ad'acent Fountainview A artments. t- t- I I t-- - t-- ---,. - H l il! f----j R SitHAA I - L 1- t- I-- '-- -,-_ : ]J I I t-- JfE i I -.. I nti_ U l Fountain View Annexation I I 1) I I I l I , n-= -_j '--- i> - r !--!-- -! IT :!r- r-- r=: I I I I Jl' "" ' 1--- u 1--- l H t--... II - l1.. Ll "n,t I I J I lj '---- I RHODE J I J ISLA D AV W, "<HUUt:; 1R03 '"v " v Fountain View Apartments 915 Joe Street Annexation Petition ANNX Location Map + N 1 inch = 400 feet Legend Streets c=::j Parcels Orange City Fountain View Annex ==:J Volusia County Date Created Fountainview Property Status Report Page2

10 Property Status Report Annexation _... L t I OHIOAVW 0 $ I (I) ;:::)... 0 N CJ) t I en ;:::) r _j Legend Fountain View Apartments 915 Joe Street Annexation Petition ANNX Zoning Map Slreets 0 Parcels R-2 Medium Density Residential IZZa Founlain View Annex c:j County Zoning D R-3 High Densy Rosidontiol 0 Foun;oin Voew Apartments Q R-1 Low Denshy Residenlial CJ MH-1 Mobile Homo Park + N 1 inch = 250 feet CG-2 General Commercial 1 1 Light Industrial Date Created Fountainview Property Status Report Page 3

11 Property Status Report Annexation Fountain View Apartments 915 Joe Street Annexation Petition ANNX FLU Map + N 1 inch = 250 feet Legend -- Streets J Parcels - RH - Residenti al High [_J ll- Industrial Umled Fountain View Annex - CG- Commercial General 0 Rl - Residential low c:j County FLU CJ Fountain View Apartments - GUllS- Public/ Governmental & Institutional r::::j RM - Residential Medium Date Created Fountainview Property Status Report Page 4

12 Applicant's Name: Maria Aviles RECEIVED Petition for Annexation Into the City of Orange City, Florida DEVELOPMENT SERVICES /JJ t-j )(.n. L(o. I'Z-3 c Phone: I;OV Business Name: Fountainview Apartment Complex, LLC Address: 910 South Vol usia Avenue Phone: Fax: City: Orange City State: Florida Zip: Mailing Address: Same as above City: State: Zip: Property Information Property Address: 913 Joe Street The subject property is located on the west side of Joe Street approximately feet south from its intersection with East Ohio Avenue Parcel Number: Parcel Number: N/A Acres 0.15 The existing land use of the property is Vacant and undeveloped Whereas, (I I We) Maria Aviles (Fountainview Apartment Complex, LLC) (is I are) the owner(s) of property abutting and contiguous to the existing city limits of the City of Orange City, Florida, do voluntarily petition the City of Orange City, Florida, pursuant to Section , Florida Statutes. that (my I our) property be annexed into the City of Orange City, Florida Whereas, said property to be annexed is more particularly described in the legal description as follows: Legal Description See Attachment "A", Legal description for Fountainview Annexation Therefore, (I I We) do request that the above described property owned by (me I us) in fee simple be annexed as part and parcel of the City of Orange City, Florida Page 1 of 3

13 Notarization State of County of Print Name /Jm a/k Signature Print Name Signature Print Name Print Name Signature Signature Subscribed and sworn to (or affirmed) before me on this the J f,o +""'- day of /\)O \) 2016 who is/are personally known to me or has/ have produced as identification. F \or', o\s :t'> \ The City of Orange City Petition for Annexation Notary Stamp oa' Pc ' 0 0 '.... E.IIU.Wo\JER 0 0. '.. MYtnCJ$SfOOtFFSDJJ19 :, :. - EXPIB:Jiy15,20tQ,....,Cl"'. """... ' \ '' I, '"' Page 2 of 3

14 Attachment A legal Description Fountainview Annexation Property located at 913 Joe Street Name: Fountainview Apartment Complex, LLC Street Address: 913 Joe Street ParceiiD: Acreage: 0.15 Legal Description: Lots 6 & 7, Block C, Haley Place, Block 29, Orange City, as recorded in Plat Book 6, Page 207, Located in Section 11, Township 18 South, Range 30 East, Volusia County, Florida. Page 3 of 3

15 Fountainview Property Map. I { - A, Fountainview Apartments COUNTY