HomeMy WebLinkAbout4711 Annexation - 27.30 Acres - 4430 Canyon Point\\\\\\\\\\ \ Ordinance No. 2022-4711
An ordinance of the City of Sanford, Florida, annexing by voluntary petition
certain real property [Tax identification Parcels Number 03-20-30-300-002A-0000
(Parcel 1), 03-20-30-300-0090-0000 (Parcel 2), 03-20-31-300-009A-0000 (Parcel 3),
03-20-31-501-OA00-0040 (Parcel 4), 03-20-31-501-0000-0040 (Parcel 5), and 03-20-
31-501-OCOO-0080 (Parcel 6)] which is generally addressed as 4430 Canyon Point
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 fee simple title owner of the real property being annexed into
the City is Jessup Acquisition, LLC, a Florida limited liability company. (the "Property
Owner") and the subject real property has been assigned Tax Identification Parcels
Number 03-20-30-300-002A-0000 (Parcel 1), 03-20-30-300-0090-0000 (Parcel 2), 03-
20-31-300-009A-0000 (Parcel 3), 03-20-31-501-OA00-0040 (Parcel 4), 03-20-31-501-
0000-0040 (Parcel 5), and 03-20-31-501-0000-0080 (Parcel 6) by the Seminole County
Property Appraiser; and
Whereas, the subject real property (a site 26.94 acre in size) is located in an
unincorporated area of Seminole County on the east side of East Lake Mary Boulevard
and is approximately 660 feet south of East State Road 46; 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
GRANT MALOY, SEMINOLE COUNTY 1 I P a g e
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2022113422 Bk:10329 Pg:603-611(9Pgs)
REC: 10/11/2022 10:01:45 AM by koneal
RECORDING FEES $78.00
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.
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(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 parcel of
land assigned the Tax Identification Parcels Number 03-20-30-300-002A-0000 (Parcel
1), 03-20-30-300-0090-0000 (Parcel 2), 03-20-31-300-009A-0000 (Parcel 3), 03-20-31-
501-OA00-0040 (Parcel 4), 03-20-31-501-0000-0040 (Parcel 5), and 03-20-31-501-
0000-0080 (Parcel 6), together with all rights-of-way of East Lake Mary Blvd 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, 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 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, 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 owner 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 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
31 Page
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.
4l Page
Passed and adopted this 10th day of October 2022.
Attest: City Comm
.. Sanford, Floe
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�.ity Cle�k�^ V. Mayor
For-u'&�-and reliance of the San a
City Commission only.
Approved as to form and legality. ro- -;'Ak
William L. Colbert
City Attorney
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Item No. 7 A
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CITY COMMISSION MEMORANDUM 22.241
OCTOBER 10, 2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Director of Planning
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Annexation of 26.94 acres located at project address project address 4430
Canyon Point; Owner: Jessup Acquisitions LLC.
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, Jessup Acquisitions LLC., to voluntarily annex 26.94 acres
located at project address 4430 Canyon Point has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the six properties are vacant and being assessed as
grazing land with the assessed tax values and total tax bills for 2021 shown below:
Parcel Number
Assessed Value
Tax Bill
Property Status
(2021)
(2021)
03-20-30-300-002A-0000
$133
$1.47
Grazing Land
(Parcel 1)
03-20-30-300-0090-0000
$2,270
$25.04
Grazing Land
(Parcel 2)
03-20-31-300-009A-0000
$136,367
$1,884
Grazing Land
(Parcel 3)
03-20-31-501-OA00-0040
$1,073
$11.83
Grazing Land
(Parcel 4)
03-20-31-501-0000-0040
$12,236
$135
Grazing Land
(Parcel 5)
03-20-31-501-0000-0080
$1,102
$12.15
Grazing Land
(Parcel 6)
Upon, annexation, it is the applicant's intent to develop the property for commercial use. The
proposed development will facilitate new non-residential construction and generate additional tax
revenue to the City.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the east side of
East Lake Mary Boulevard and is approximately 660 feet south of East State Road 46.
Existing Use
Agricultural Grazing Land
Proposed Use
Commercial Development
Parcel Number(s)
03-20-30-300-002A-0000 (Parcel 1)
03-20-30-300-0090-0000 (Parcel 2)
03-20-31-300-009A-0000 (Parcel 3)
03-20-31-501-OA00-0040 (Parcel 4)
03-20-31-501-0000-0040 (Parcel 5)
03-20-31-501-0000-0080 (Parcel 6)
Parcel Size(s)
27.3 Acres
Existing Future Land Use Designation (County)
IND, Industrial
Proposed Future Land Use Designation (City)
1, Industrial
Existing Zoning (County)
A-1, Agriculture
Equivalent Zoning (City)
AG, Agriculture
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 within East Lake Mary Boulevard. 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 owners, Jessup Acquisitions LLC., is requesting annexation to obtain utility services
in order to develop the property for commercial purposes.
At the June 27, 2022 City Commission meeting the City Commission continued this item to the
September 12, 2022 commission meeting. Due to this item not being agendized on the September
12, 2022 meeting.
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. 4711, on September 26, 2022.
The City Clerk published the 2nd Public Hearing in the Sanford Herald on October 2, 2022.
RECOMMENDATION:
It is staff s recommendation that the City Commission adopt Ordinance No. 4711.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4711."
Attachments: Ordinance No. 4711
Exhibit "A"
EXHIBIT "A"
PROPERTY I.D.# I PROPERTY OWNER I PROPERTY ADDRESSTY ZONING
COUNTYC
2 103-20-30-300-002A-0000
03-20-30-300-0090-0000 I JESSUP ACQUISITIONS LLC I VACANT I A-1 I AG
3
03-20-31-300-009A-0000
JESSUP ACQUISITIONS LLC
VACANT
A-1
AG
4
03-20-31-501-OA00-0040
JESSUP ACQUISITIONS LLC
VACANT
A-1
AG
5
03-20-31-501-OCOO-0040
JESSUP ACQUISITIONS LLC
4430 CANYON PT
A-1
AG
6
03-20-31-501-OCOO-0080
JESSUP ACQUISITIONS LLC
VACANT
A-1
AG