HomeMy WebLinkAbout4577 Annexation 493-495 & 501 N. White Cedar RoadOrdinance No. 2020-4577
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Numbers 16-
19-30-5AC-0000-0620, 16-19-30-6AC-0000-0760, 16 -19 -30 -SAC -0000-
076B and 16-19-30-5AC-0000-076C which is generally addressed as
493, 495 and 501 North White Cedar Road) 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.
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Whereas, the following are the fee simple title owners of the real property
being described by the Tax Identification Parcel Numbers:
Tax Identification Parcel Numbers Owners
16-19-30-5AC-0000-0620.
16-19-30-5AC-0000-0760 and
16-19-30-5AC-0000-076C.
16-19-30-5AC-0000-076B.
; and
Jesse E. Moore and Carolyn J. Moore
Brenda K. Boyd and Richard W. Boyd
James E. Nielsen and Gina M. Nielsen
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 10.57 total acres in size and
is generally addressed as 493, 495 and 501 North White Cedar Road; and
Whereas, the subject property is located within sub -area 8 of the 2015
Seminole County/City of Sanford Joint Planning Agreement; and
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Whereas, the intent of the property owners is to obtain utility services in order
to develop the property for industrial purposes.; 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,
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:
; and
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.
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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.
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 of North White Cedar Road, 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 16, Township 19 South, Range 30 East, South 330 feet of Lot
76 (less the South 150 feet of the West 316 feet) and 3 acre homestead
located in Lot 76 and South "/2 of vacated right-of-way adjacent on the
North (less the South 330 feet) and Lot 76 and South Y2 of vacated right-
of-way adjacent on the North ((less the South 330 feet) and the South 130
feet of Lot 62 and North '/2 of vacated right-of-way adjacent on the South,
ST JOSEPHS, according to the plat thereof as recorded in Plat Book 1,
Page 114 of the Public Records of Seminole County, Florida. (See Exhibit
"A" (map). Tax Identification Parcel Numbers 16-19-30-5AC-0000-0620,
16-19-30-5AC-0000-0760, 16-19-30-5AC-0000-0768 and 16-19-30-5AC-
0000-076C).
, 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. Water and sewer services are
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available in the area of the subject property. The property owners desire to obtain utility
services to develop the property for industrial purposes.
(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 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.
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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 22nd day of March, 2021.
Attest:
1=0131001111wo"I WIVIPIRIWIWIN"��
Traci Houdhib, MMC FCRM, City Cle
For �e and reliance of the Sanford'
City Commission only.
Approved as to form and legality.
City Commission of the City of
Sanford, Florjda /I
ruff, M6yor
C3 -ikVOR
FLORIDA
WS RM
Item No.7. A- 1_
CITY COMMISSION MEMORANDUM 21.072
MARCH 22, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP, Senior Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Annexation of 10.57 acres located at,r493,49 and 501 N. White Cedar
Road; Owners: James E. and Gina M. Niel n; Brenda K. and Richard W.
Boyd; and Jesse E. and Carolyn J. Moo
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, James E. and Gina M. Nielsen, Brenda K. and Richard W. Boyd
and Jesse E. and Carolyn J. Moore to voluntarily annex 10.57 acres located at 493, 495 and 501
N. White Cedar Road, is being requested.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, two of the subject properties contain single family
residential structures of approximately 2,314 square feet built in 1959 and 2,368 square feet built
in 1963. The other two subject properties are agricultural land with no structures. Based on the
2020 property tax roll, the subject property has a total assessed value of $369,430. The total tax
bill in 2020 was $6,057.87. If annexed, the property would be assessed the City's millage rate and
generate an estimated $2,706 in ad valorem taxes. Under existing conditions, the municipal costs
will be minimal, while tax revenue would increase by $2,706. Upon annexation, it is the applicant's
intent to use the property for industrial purposes, which would require a rezone; however, it will
facilitate new non-residential construction and additional tax revenue to the City.
BACKGROUND:
The above referenced properties are located in unincorporated Seminole County on the east side
of N. White Cedar Road approximately 781 feet north of Narcissus Avenue.
Existing Use
Single -Family Residential and Agricultural
Proposed Use
Industrial
Parcel Number
16-19-30-5AC-0000-076B (Parcel 1)
16-19-30-5AC-0000-0760 (Parcel 2)
16-19-30-5AC-0000-076C (Parcel 3)
Upon annexation, the property will be in City Commission District 2.
The subject properties are located within sub -area 8 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.
Water and sewer are available. The property owner shall be responsible for all impact and
connection fees associated with obtaining utility services from the City and to extend such utility
services to the property to the extent that such utilities are not available.
Annexation of 10.57 acres located at 493, 495 and 501 N. White Cedar Road; Owners: James E.
and Gina M. Nielsen; Brenda K. and Richard W. Boyd; and Jesse E. and Carolyn J. Moore
The property owners, James E. and Gina M. Nielsen, Brenda K. and Richard W. Boyd and Jesse
E. and Carolyn J. Moore are requesting annexation to obtain utility services in order to develop
the property for industrial purposes.
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. 4577 on December 14, 2020.
The City Clerk published notice of the 2"d 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.
4577 to January 25, 2021.
On January 25, 2021, the City Commission moved to continue the 2"d reading of Ordinance No.
4577 to March 8, 2021.
On March 8, 2021, the City Commission moved to continue the 2"d reading of Ordinance No. 4577
to March 22, 2021.
16-19-30-5AC-0000-0620 (Parcel 3)
Parcel Size
3.71 Acres (Parcel 1)
3.37 Acres (Parcel 2)
1.61 Acres (Parcel 3)
1.88 Acres (Parcel 4)
Existing Future Land Use Designation Count
HIP -TI, Higher Intensity PD, Target Industr
Proposed Future Land Use Designation (City)
WIC, Westside Industry & Commerce
Existing Zoning (County)
A-1, Agri ultural
Proposed Zoning (Cit)
AG, Agricultural
Upon annexation, the property will be in City Commission District 2.
The subject properties are located within sub -area 8 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.
Water and sewer are available. The property owner shall be responsible for all impact and
connection fees associated with obtaining utility services from the City and to extend such utility
services to the property to the extent that such utilities are not available.
Annexation of 10.57 acres located at 493, 495 and 501 N. White Cedar Road; Owners: James E.
and Gina M. Nielsen; Brenda K. and Richard W. Boyd; and Jesse E. and Carolyn J. Moore
The property owners, James E. and Gina M. Nielsen, Brenda K. and Richard W. Boyd and Jesse
E. and Carolyn J. Moore are requesting annexation to obtain utility services in order to develop
the property for industrial purposes.
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. 4577 on December 14, 2020.
The City Clerk published notice of the 2"d 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.
4577 to January 25, 2021.
On January 25, 2021, the City Commission moved to continue the 2"d reading of Ordinance No.
4577 to March 8, 2021.
On March 8, 2021, the City Commission moved to continue the 2"d reading of Ordinance No. 4577
to March 22, 2021.
RECOMMENDATION:
It is staff's recommendation that the City Commission approve the second reading of Ordinance
No. 4577, to annex 10.57 acres bearing the address of 493, 495 and 501 N. White Cedar Road as
legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4577."
Attachments: Ordinance No. 4577
Exhibit "A"
PARCEL 1 LEGAL DESCRIPTION:
S 330 FT OF LOT 76 (LESS S 150 FT
OF W 316 FT & RD)ST JOSEPHS
PLAT BOOK 1, PAGE 114, OF THE
PUBLIC RECORDS OF SEMINOLE
COUNTY FLORIDA
PARCEL 3 LEGAL DESCRIPTION:
LOT 76 & S 1/2 OF VACD R/W ADJ
ON N (LESS S 330 FT &3 AC
HOMESTEAD) ST JOSEPHS
PLAT BOOK 1, PAGE 114, OF THE
PUBLIC RECORDS OF SEMINOLE
COUNTY FLORIDA
PARCEL 2 LEGAL DESCRIPTION:
ACRE HOMESTEAD LOCATED
IN
LOT 76: OF r • +r
ON rJOSEPHS
PLAT BOOK 1, PAGE 114, OF
PUBLIC RECORDSOF •
OUNTY FLORIDA
PARCEL 4 LEGAL DESCRIPTION:
r FT OF • OF
VACD R/WADJ -/WADON -r
JOSEPHSST PLAT :••
PAGE 114, OF
RECORDSOF •COUNTY
FLORIDA-,
MIZZA0.4
77
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Brenda K. and Richard W.
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Boyd
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Brenda K. and Richard W.
49White Cedar •• 1.6
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Jesse E. • Carolyn