HomeMy WebLinkAbout4726 Annexation 3.72 Acres - 3585 Marquette AvenueOrdinance No. 2023-4726
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 03-20-
31-5AY-0000-0330 which is generally addressed as 3585 Marquette
Avenue 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 Number by the Seminole County
Property Appraiser:
Tax Identification Parcel Number Owner
03-20-31-5AY-0000-0330
; and
Csaba Oszlanczi
Whereas, the subject real property (a site 3.72 acres in size) is addressed as
3585 Marquette Avenue; 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
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2023023766 Bk:10406 Pg:55-62(8Pgs)
REC: 03/16/2023 8:41:36 AM by jeckenroth
RECORDING FEES $69.50
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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:
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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 Marquette Avenue 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:
Tax Parcel Identification Number 03-20-31-5AY-0000-0330 (See Exhibit
"A" (map)). The property is legally described as: The West 1/2 of Lot 33
(Less the North 217.80 feet of the East 200 feet) SANFORD CELERY
DELTA , according to the plat thereof as recorded in Plat Book 1, Pages
75 and 76, of the Public Records of Seminole County, Florida.
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 an upholstery business. The subject real property has access to City
water service or wastewater service at this time. Water service is available by means of
a 12 inch water main and sewer service is available by means of a 6 inch force main,
both on the north side of Marquette Avenue. In order to connect to the force main, the
industrial site will need a lift station to connect to the City wastewater system.
Reclaimed water service is not available. 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
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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 enactment 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
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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 13th day of March, 2023.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
City Commission of the
Sanford, Florida
', A&VVt6.druff
City of
I
EXHIBIT "A"
LEGAL DESCRIPTION:
. ...... ............
W 1/2 of Lot 33 Less N 217.80 Ft
of E 200 Ft SANFORD CELERY
DELTA , according to the plat
thereof as recorded in Plat Book 1,
�
Pages 75 &76 of the public records
9
of Seminole County,Florida.Flori
..............................................................................................
•rte
ANNEXATION
REQUEST
. .. ................. .......................................................
. ............................. ... ........... ...............................
. ................... .......... ... ........... ...............................
..............................::r..........................................
PROPERTY I.D.# I PROPERTY OWNER
1 03-20-31-5AY-0000-0330 1 CSABA OSZLANCZI
..
....................
PROPERTY ADDRESS
3585 MARQUETTE AVE
PROPERTY ZONING I ACRES
COUNTY I CITY
A-1 I AG 1 3.72
Y
-------------------------------------
------------
a
a
e .a
..
....................
PROPERTY ADDRESS
3585 MARQUETTE AVE
PROPERTY ZONING I ACRES
COUNTY I CITY
A-1 I AG 1 3.72
SAr FORA I
4 �CITY OF d
U�SkNFORDFLORIDA
CITY COMMISSION MEMORANDUM 23-047
MARCH 13, 2023 AGENDA
WS RM X
Item No. 1-13
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP —Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM ai r
SUBJECT: Annexation of 3.72 acres at project'aTldress 3585 quette Avenue;
Property Owner: Csaba Oszlanczi
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, Csaba Oszlanczi, to voluntarily annex 3.72 acre located at project
address 3585 Marquette Avenue, has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the property is a vacant residential lot with an
assessed tax value and total tax bill for 2022 shown below:
Parcel Number
Assessed Value (2022)
Tax Bill (2022)
Property Status
03-20-31-5AY-0000-0330
$2,620
$27.89
Vacant
Residential
Upon annexation, it is the applicant's intent to develop the parcel and establish their upholstery
business. If annexed, the proposed use will have minimal impact on public facilities and services.
BACKGROUND:
The 3.72 acre site is located in within unincorporated Seminole County on the south side of
Marquette Avenue, approximately 545 feet west of its intersection with Skyway Drive.
Existing Use
Vacant Residential
Proposed Use
Restricted Industrial
Parcel Number
03-20-31-5AY-0000-0330
Parcel Size(s)
3.72 Acres
Existing Future Land Use Designation (County)
HIP -AP, High Intensity Planned
Development Target Industry
Proposed Future Land Use Designation (City)
AIC, Airport Industry and Commerce
Existing Zoning (County)
A-1, Agriculture
Equivalent Zoning (City)
AG, Agriculture
Proposed Zoning (City)
RI-1,Restricted Industrial
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.
Utilities:
The subject property has water and sewer available. Water is available via a twelve -inch water
main, and sewer is available via six-inch force main, both on the north side of Marquette Avenue.
In order to connect to the force main, the industrial site will need a lift station to connect to the City
wastewater system. Reclaim water is not available.
The developer shall be responsible for up sizing existing utilities required to meet all utility
specifications at their 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 is requesting annexation to obtain utility services in order to develop a
warehouse with indoor manufacturing.
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 No. 4726.
The City Commission approved the first reading of Ordinance No. 4726 on February 27, 2023.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on March 5, 2023.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4726.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4726."
Attachment: Ordinance No. 4726 with Exhibit "A".