HomeMy WebLinkAbout4716 Annexation - 1.31 Acres - 4357 State Road 46Ordinance No. 2022-4716
\ An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Numbers 28-
19-30-506-0000-0030, 28-19-30-506-0000-003B, 28-19-30-506-0000-
003C, 28-19-30-506-0000-003D) which is generally addressed as 4357
West 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 owners of the real property being
assigned the following Tax Identification Parcel Numbers by the Seminole County
Property Appraiser:
Tax Identification Parcel Numbers Owners
28-19-30-506-0000-003B, Carter and Suzanne Rucker
19-30-506-0000-0030, 28-19-30-506-0000-003C Splash `N' Dash, Inc., an Ohio
and 28-19-30-506-0000-003D corporation.
; and
Whereas, Suzanne M. Rucker is the incorporator of Splash `N' Dash, Inc.; and
Whereas, the subject real property (a site 1. 31 acres in size) is located on the
south side of West 1st Street/State Road 46, west of Sewell Road is generally
addressed as 4357 West State Road 46 Road which property is located within sub -area
8 of the 2015 Seminole County/City of Sanford Joint Planning Agreement, 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
GRANT MALOY, SEMINOLE COUNTY 1
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2022113423 Bk:10329 Pg:612-620(9Pgs)
REC: 10/11/2022 10:01:46 AM by koneal
RECORDING FEES $78.00
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
parcel of land assigned the Tax Identification Parcel Number set forth above and below,
together with all rights-of-way of Sewell Road, all to the extent such right-of-way is not
currently located within the City Limits of the City, said property being situated in
Seminole County, Florida:
All of Tax identification Parcel Numbers: 28-19-30-506-0000-0030, 28-19-
30-506-0000-00313, 28-19-30-506-0000-003C ,28-19-30-506-0000-003D.
(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 owners'
intent to develop the property as a mixed use development. City water is available on
the south side of State Road 46. Reclaimed water service is not yet available to the
subject property, but, at such time at it becomes available, the property shall be
required to connect, upon development. Sewer services are available through a force
main within Elder Road. A private lift station will be required to connect to City sewer
services. 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, sizing 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 owners shall be responsible for any and all costs and expenses
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 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. 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
4 1 P a .
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 10th day of October 2022.
City Commissio of the City of
Sanford, to id
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Approved as to form and legality.
William L. Colbert
City Attorney
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EXHIBIT "A"
PARCEL 1 LEGAL DESCRIPTION:
W 70 Ft of N 350 Ft of Lot 3 Less W
5 Ft, SMITHS 3RD SUBD, according
to the plat thereof as recorded in Plat
Book 1, Page 86, of the public records
of Seminole County, Florida.
PARCEL 2 LEGAL DESCRIPTION:
E 74 Ft of W 144 Ft of N 175 Ft Lot 3,
SMITHS 3RD SUBD, according to the
plat thereof as recorded in Plat Book
1, Page 86, of the public records of
Seminole County, Florida.
..........................
......................................:....W"i'ST"ST:
PARCEL 3 LEGAL DESCRIPTION:
E 74 Ft of W 144 Ft of S 125 Ft of
N 300 Ft of Lot 3, SMITHS 3RD
SUBD, according to the plat thereof
as recorded in Plat Book 1, Page 86,
of the public records of Seminole
County, Florida.
PARCEL 4 LEGAL DESCRIPTION:
N 110 Ft of S 360 Ft of W 144 Ft
(Less W 5 Ft + W 70 Ft of N 50 Ft)
Lot 3, SMITHS 3RD SUBD, according
to the plat thereof as recorded in Plat
Book 1, Page 86, of the public records
of Seminole County, Florida.
ME Moto
m m
--------------------
a.
PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES
a
� COUNTY CITY
1 28-19-30-506-0000-0030 SPLASH -N -DASH INC 4377 W. 1ST ST A-1 AG 0.52
2 28-19-30-506-0000-003B CARTER L. & SUZANNE M. 4357 W. 1ST ST A-1 AG 0.30
RUCKER
3 1 28-19-30-506-0000-003CI SPLASH N DASH INC
4 128-19-30-506-0000-003D I SPLASH N DASH INC
130 SEWELL D A-1 AG
VACANT EWELL RD I A-1 I AG I 0.28
,
CITY OF
•FLORIDA
WS RM
Item No. —q-1. D
CITY COMMISSION MEMORANDUM 22-244
OCTOBER 10, 2022 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP, Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Annexation; 1.31 Acres; 4357 Sate Road 46; Splash N Dash Inc., Carter
and Suzanne Rucker
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, Splash N Dash Inc., Carter and Suzanne Rucker, to voluntarily
annex 1.31 acres located at project address 4357 State Road 46 has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, three parcels contain single family residences and
one is assessed as vacant residential with the assessed tax value and total tax bill for 2021 shown
below:
Parcel Number
Assessed Value
Tax Bill
Property Status
(2021)
(2021)
28-19-30-506-0000-0030
(Parcel 1)
$118,530
$1,635
Single -Family Residence
28-19-30-506-0000-003B
(Parcel 2)
$70,378
$970
Single -Family Residence
28-19-30-506-0000-003C
(Parcel 3)
$77,752
$1,072
Single -Family Residence
28-19-30-506-0000-003D
(Parcel 4)
$35,370
$487
Single -Family Residence
Upon, annexation, it is the applicant's intent to develop the property as a mixed use development.
The proposed development will facilitate new residential and non-residential construction and
additional tax revenue to the City.
No additional staffing is anticipated if the annexation is approved.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the south side of
1St Street, west of Sewell Road.
Existing Use
Vacant Residential & Single -Family Residences
Proposed Use
Mixed Use Planned Development
Parcel Number
28-19-30-506-0000-0030 (Parcel 1)
28-19-30-506-0000-00313 (Parcel 2)
28-19-30-506-0000-003C (Parcel 3)
28-19-30-506-0000-003D (Parcel 4)
Parcel Size
1.31 Acres
Existing Future Land Use Designation (County)
HIP -TI, High Intensity Planned Development
Target Industry
Proposed Future Land Use Designation (City)
WIC, Westside Industry and Commerce
Existing Zoning (County)
A-1, Agriculture
Equivalent Zoning (City)
AG, Agriculture
Proposed Zoning (City)
AG, Agriculture
Upon annexation, the property will be in City Commission District 4
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.
Utilities:
City water sewer and reclaim is available for this project. There is a 12 inch water main located on
the south side of State Road 46. The developer is required to connect to reclaim per Schedule P
Section 2.0. Sewer is available through developer provided private lift station.
The developer shall be responsible for up sizing existing utilities required to meet all utility
specifications at its cost. All utility lines, water, sewer, and reclaim shall be installed per the City
Utility Manual specifications and requirements. Any improvements required to the City's sewer
system to accommodate the proposed development will be at the developer's expense. All impact
and connection fees associated with obtaining utility services from the City shall be the property
owner's responsibility.
The property owner, the Splash N Dash Inc., Carter and Suzanne Rucker, is requesting annexation
to obtain utility services in order to develop the property for a mixed use development.
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. 4716 on September 26, 2022.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on October 2,
2022.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4716.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4716."
Attachments: (1) Ordinance No. 4716.
(2) Exhibit "A".