HomeMy WebLinkAbout4648 Annexation - 4141 E SR46GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLEI
CFN# 2022006091 Bk:10146 P9:774-782(9Pgs)
REC: 01/13/2022 12:05:37 PM by cjones
RECORDING FEES $78.00
Ordinance No. 2021-4648
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Numbers 03-
20-31-300-003A-0000, 03-20-31-501-OA00-0060, 03-20-31-300-0020-
0000, 03-20-31-300-003A-0000, 03-20-31-300-004A-0000 and 03-20-31-
300-005A-0000) which is generally addressed as 4141 East State
Road 46 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 is the fee simple title owner of the real property being
assigned the following Tax Identification Parcel Numbers by the Seminole County
Property Appraiser:
Tax Identification Parcel Numbers Owner
03-20-31-501-OA00-0060, 03-20-31-300-0020-0000, * Walter N. King Revocable Trust
03-20-31-300-003A-0000, 03-20-31-300-004A-0000
and 03-20-31-300-005A-0000
and
Whereas, the subject real property (a site 24.15 acres in size) is located at the
southeast corner of East State Road 46 and East Lake Mary Boulevard and is
addressed as 4141 East State Road 46; and
Whereas, the subject real property is located within Sub Area 3 of 2015
Seminole County/City of Sanford Joint Planning Agreement which sub area
encompasses the intersection of State Road 46 and County Road 415 (East Lake Mary
Boulevard) and has been designated for the intent of providing a commercial node to
serve the eastern portion of the City; and
Whereas Robert A. Merrell, Esquire, of the Cobb Cole law firm is serving as
the applicant and representative of the Property Owner; 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 it being specifically found and determined that the property being annexed
does not leave any real property in unincorporated Seminole County totally enclosed
within the City Limits of the City; 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.
; and
Whereas, the map and the legal descriptions 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
parcels of land assigned the Tax Identification Parcel Numbers set forth above and
below, together with all rights-of-way of East State Road 46 abutting the subject
property to the north and running westward to the existing City Limits of the City and all
rights-of-way of East Lake Mary Boulevard abutting the subject property, all 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:
Tax identification Parcel Numbers 03-20-31-300-003A-0000, 03-20-31-
501-0A00-0060, 03-20-31-300-0020-0000, 03-20-31-300-003A-0000, 03-
20-31-300-004A-0000 and 03-20-31-300-005A-0000 (See Exhibit "A"
(map).
, 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). Upon annexation of the subject real property, it is the property owner's
intent to develop the subject property for commercial purposes. City water service and
reclaimed water service are available on the north side of State Road 46. Sewer service
is available through a force main and a private lift station is required to connect. The
property owner shall be responsible for all impact and connection fees associated with
obtaining utility services from the City to serve the annexed property. The property
owner of the annexed property fully understands that the property owner and the
transferees and assigns of the property owner 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 as well as the requirements of controlling State
law. The property owner shall be responsible for any and all costs and expenses
31 P a g, e
relating to the routing any and all lines to the subject property and for providing any
necessary facilities and equipment including, but not limited to, the granting of utility
easements to the City as may be determined to be necessary by the City.
(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 owner 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. The City has not waived any rights or remedies
by taken the action set forth herein or by approving any successive development orders
and reserves any and all rights and remedies available to the City under controlling law
including, but not limited to, the protections under the laws pertaining to sovereign
immunity.
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. Also, in accordance with the provisions of Section 171.091,
Florida Statutes, a copy of the document submitted to the Florida Department of State
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.
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.
Passed and adopted this 10th day of January, 2022.
Attest:
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Traci Houchin, MMC,
City Clerk
For use and reliance of the Sanford",", t
City Commission only.
Approved as to form and legality.
Viarn L. Colbert, Qity Attorney
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Item No.
CITY COMMISSION MEMORANDUM 22005
JANUARY 10, 2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICD, Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr.,1CMA-CM, City Manager
SUBJECT: Annexation; 24.15 Acres; 4141 East State Road 46; Walter N. King
Revocable Trust
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 owner, the Walter N. King Revocable Trust, to voluntarily annex 24.15
acres located at 4141 East State Road (SR) 46 (Southeast corner of SR 46 and East Lake Mary
Boulevard), has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, one property is vacant waterfront lot and vacant
commercial with the assessed tax value and total tax bill for 2021 shown below:
Upon, annexation, it is the applicant's intent to use the property for commercial purposes which
will facilitate new non-residential construction and additional tax revenue to the City. The property
is within Planning Sub Area 3 of the 2015 Seminole County/City of Sanford Joint Planning Area,
which is a commercial node to serve the eastern portion of the City.
Assessed
Tax Bill
Parcel Number
Value
(2021)
Property Status
2021
03-20-31-300-0020-0000
(Parcel 1) and 03-20-31-300-
$5,954
$65.67
Vacant Commercial
003A-0000 (Parcel 2)
03-20-31-300-004A-0000
$48
$0.66
Agricultural Cropland
(Parcel 3)
03-20-31-300-005A-0000
$100
$1.38
Agricultural Cropland
(Parcel 4)
03-20-31-501-OAOO-0060
$9,727
$107.29
Agricultural Cropland
(Parcel 5)
Upon, annexation, it is the applicant's intent to use the property for commercial purposes which
will facilitate new non-residential construction and additional tax revenue to the City. The property
is within Planning Sub Area 3 of the 2015 Seminole County/City of Sanford Joint Planning Area,
which is a commercial node to serve the eastern portion of the City.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the southeast
comer of SR 46 and East Lake Mary Boulevard.
Existing Use
Vacant Agricultural
Proposed Use
General Commercial
Parcel Number
03-20-31-300-0020-0000 (Parcel 1)
03-20-31-300-003A-0000 (Parcel 2)
03-20-31-300-004A-0000 (Parcel 3)
03-20-31-300-005A-0000 (Parcel 4)
03-20-31-501-OA00-0060 (Parcel 5)
Parcel Size
24.15 Acres
Existing Future Land Use Designation (County)
IND, Industrial
Proposed Future Land Use Designation (City)
GC, General Commercial
Existing Zoning (County)
A-1, Agriculture and C-3, Heavy Commercial
Proposed Zoning (City)
PD, Planned Development
Upon annexation, the property will be in City Commission District 1.
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.
City water and reclaim is available on the north side of SR 46. Sewer is available through a force
main. A private lift station is required to connect to City sanitary services. The property owners
shall be responsible for all impact and connection fees associated with obtaining utility services
from the City to the annexed property and to extend such utility services to the annexed property
to the extent that such utilities are not available.
The property owner, the Walter N. King Revocable Trust, is requesting annexation to obtain utility
services in order to develop the property for commercial purposes.
LEGAL RFviFw:
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. 4648 on December 13, 2021.
The City Clerk published notice of the 2nd reading in the Sanford Herald on January 2, 2022.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4648.
SUGGESTED MOTION:
"I move to adopt of Ordinance No. 4648."
Attachments: (1) Ordinance No. 4648.
(2) Exhibit "A".