HomeMy WebLinkAbout4579 Annexation 5.28 acres 2861 E. Lake Mary BoulevardGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021011813 Bk:9828 Page:501-508 (8P9s)
REC: 01/27/2021 1:10:32 PM by hdevore
RECORDING FEES $69.50
Ordinance No. 2021-41.71R,
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 17-20-
31-501-0000-0220 which is generally addressed as 2861 East Lake
Mary Boulevard) located contiguous to the City of Sanford together
with associated rights-of-way within the area of the annexed property
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 described by the Tax Identification Parcel Numbers:
Tax Identification Parcel Number Owners
17-20-31-501-0000-0220
; and
Natalie A. Lackner and
Lorraine G. Mantero
Whereas, above stated property owners applied for annexation of property
into the municipal limits of the City of Sanford pursuant to Section 171.044, Florida
Statutes; and
Whereas, the subject property is approximately 5.28 acres in size and is
generally addressed as 2861 East Lake Mary Boulevard; and
Whereas, the subject property is located within sub -area 4 of the 2015
Seminole County/City of Sanford Joint Planning Agreement; and
Whereas, the intent of the property owners is to develop the property for a
church use; 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
I I P a k;
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
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; 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.
M
Whereas, the map and the legal description 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.
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Now, Therefore, be it Enacted By the People of the City Of Sanford, Florida,
as follows:
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 Numbers set forth above and
below, together with all rights-of-way, if any, canal running northward or southward from
the subject property and the canal running northward or southward from the subject
property which abuts properties located within the City Limits, to the extent such rights-
of-way are not currently located within the City Limits of the City, said property being
situated in Seminole County, Florida:
In Section 17, Township 20 South, Range 31 East: Legal Lot 22
PALMERS SUBDIVISION, according to the plat thereof as recorded in
Plat Book 2, Page 41 of the Public Records of Seminole County, Florida.
(See Exhibit "A" (map). Tax Identification Parcel Number 17-20-31-501-
0000-0220).
, 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). 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 understand 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 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. Neither water service nor sewer
service is available to the subject property. The property owners desire to develop the
property as a church. It appears the subject property is land locked and the only
easement from East Lake Mary Boulevard to the property is a Seminole County
drainage access easement which restricts utilities being located therein. The City
cannot place or own public utilities in a private easement or a stormwater easement.
(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
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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.
Section 3. Administrative Actions.
(a). Within 7 days of the adoption 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.
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.
Attest:
Passed and adopted this 25th day of January, 2021.
City Co mission
Sao,pri orida
66-61
I.
Traci Houchin, MMC, FCRM, City Crler-�4V0
.. . . .............
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
'William L. Colbert, City Attorney
M*or
the City of
EXHIBIT "A"
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E. LAKE MARY BLVD
LEGAL DESCRIPTION:
Legal Lot 22 (Less RIWfor Canal)
PALMERS GUBD&1G|ON, according
to the plat thereof sm recorded in Plat
Book 2, Page 41, of the public records
of Seminole County, Florida.
------------------
PROPERTY I.D.#
17-20-31-501-0000-0220NATAUEA.LACNER&
2861 LAKE MARY BLVD
tol
PROPERTY ZONING ACRES
COUNTY CITY
WS PIM
Item No.
i!E
FLORIDA
CITY COMMISSION MEMORANDUM 21.018
JANUARY 2S, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICD, PP, Senior Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Annexation of 5.28 acres located at 2861 E. Lake Mary Boulevard;
Owners: Natalie A. Lackner and Lorraine Mantero
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, Natalie A. Lackner and Lorraine Mantero to voluntarily annex
5.28 acres located at 2861 E. Lake Mary Boulevard is being requested.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is vacant with no structures.
Based on the 2020 property tax roll, the subject property has a combined total assessed value of
102,377. The total tax bill for the subject property in 2020 was $1,424.24. If annexed, the property
would be assessed the City's millage rate and generate an estimated $750 in ad valorem taxes.
Upon annexation, it is the applicant's intent to construct a church. Under existing conditions, the
municipal costs will be minimal. If annexed, the property would not yield taxable value for the
City as the property is entitled to tax-exempt status under the constitution or law of the State of
Florida per Florida Statute 196.196.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the south side of
East Lake Mary Boulevard.
Existing Use
Vacant
Proposed Use
Church
Parcel Number
17-20-31-501-0000-0220
Parcel Size
5.28 Acres
Existing Future Land Use Designation (County)
SE, Suburban Estates
Proposed Future Land Use Designation (City)
SE, Suburban Estates
Existing Zoning (County)
A-1, Agricultural
Proposed Zoning (City) I AG, Agricultural
Upon annexation, the property will be in City Commission District 1.
The subject properties are located within sub -area 4 of the 2015 Seminole County/City of Sanford
Joint Planning Agreement.
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.
Nater and sewer are not available to this parcel. It appears the property is land locked and the only
easement from East Lake Mary Boulevard to the property is a Seminole County drainage access
easement which restricts utility being located. The City cannot place or own public utilities in a
private or stormwater easement.
The property owners, Natalie A. Lackner and Lorraine Mantero are requesting annexation to obtain
utility services in order to develop the property for a church.
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. 4579 on December 14, 2020.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 3,
2021.
On January 11, 2021 the City Commission moved to continue the 2"d reading of Ordinance No.
4579 to January 25, 2021.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4579, to annex 5.28
acres bearing the address of 2861 E. Lake Mary Boulevard as legally described into the City of
Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4579."
Attachments: Ordinance No. 4579
Exhibit "A"