HomeMy WebLinkAbout4740 Annexation 0.12 Acres - 2212 Southwest RoadOrdinance No. 2023-4740
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 35-19-
30-517-1300-0140) which is generally addressed as 2212 Southwest
Road located contiguous to the City of Sanford 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
U 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
35-19-30-517-1300-0140 Acam Investments LLC
and
Whereas, the property owner is a Florida limited liability company from
Oviedo whose authorized persons are Alejandro Rafael Gonzalez and Carol Maria
Gonzalez; and
Whereas, the subject real property (a site 0.12 acre or 5,323 square feet in
size) is addressed as 2212 Southwest Road and is located approximately 375 feet north
of the intersection of Southwest Road with Bungalow Boulevard; 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,
GRANT MALOY, SEMINOLE COUNTY 1 1 P a g e
CLERK OF CIRCUIT COURT 8, COMPTROLLER
CFN# 2023063641 Bk:10471 Pg:1026-1033(8Pgs)
REC: 07/12/2023 11:00:22 AM by cjones
RECORDING FEES $69.50
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,
said property being situated in Seminole County, Florida:
Tax Parcel Identification Number 35-19-30-517-1300-0140 (See Exhibit
"A" (map)) and described as:
Lot 14, Block 13, LOCKHARTS SUBDIVISION, according to the plat
thereof as recorded in Plat Book 3, Page 70, of the public records of
Seminole County, Florida.
together with all right-of-way of Southwest Road from Country Club Road to the
northern right-of-way line of West 20th Street at its intersection with Southwest Road, all
right-of-way of Country Club Road westward of its current limits located with the City
Limits of the City and all right-of-way of Country Club Road eastward and westward of
its intersection with Southwest Road, 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 intent to construct a single-family residence and connect to the City's water
facilities the subject parcel currently being undeveloped. Water service is available to by
means of an existing water main (2 inches) located in front of the subject property on
the west side of Southwest Road. Sewer service and reclaimed water service are not
available at this time to the subject property. 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 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
31 Page
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 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
4 1 P a b e
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 July, 2023.
Attest:
Traci Houch'in, MMC, FCRM
City Clerk ;
For use and reliance of the
City Commission only.
Approved as to form and leg
City Commission of the City of
Iliam L. Colber`f, City Attorney
5 1 P a g e
EXHIBIT "A"
LEGAL DESCRIPTION:
Legal Lot 14, Block13 LOCKHARTS
SUBD, according to the plat
thereof as recorded in Plat Book 3,
Page 70, of the public records of
Seminole County, Florida.
Elm
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PROPERTY I.D.# I PROPERTY OWNER
35-19-30-517-1300-0140 ACAM INVESTMENTS
LLC
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Item No. 1�1 J
CITY COMMISSION MEMORANDUM 23-122
JULY 10, 2023 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 of 0.12 acres parcel located at project address 2212 Southwest
Road; Owner: ACAM Investments 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, ACAM Investments LLC, to voluntarily annex a 0.12 acres parcel
of unimproved real property located at project address 2212 Southwest Road has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the property is a vacant general commercial parcel
of real property with the assessed tax value and total tax bill for 2022 as shown below:
Parcel Number
Assessed Value
Tax Bill
Property Status
(2022)
(2022)
35-19-30-517-1300-0140
$12,096
$197
Vacant General
Commercial
Upon annexation, it is the applicant's intent to construct a single-family residence on the property
upon issuance of the necessary permits. If annexed, the construction of a single-family residence
will have minimal impact on public facilities and services.
No additional staffing is anticipated if the request is approved.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the west side of
Southwest Road approximately 375 feet north of its intersection with Bungalow Boulevard.
Existing Use I Vacant General Commercial
Proposed Use
Single Family Residence
Parcel Number
35-19-30-517-1300-0140
Parcel Size
0.12 Acres, 5,323 Square Feet
Existing Future Land Use Designation (County)
COM, Commercial
Proposed Future Land Use Designation (City)
GC -General Commercial
Existing Zoning (County)
C-1, Retail Commercial
Equivalent Zoning (City)
GC -2, General Commercial
Proposed Zoning (City)
GC -2, General Commercial
Upon annexation, the property will be located in City Commission District 2.
Staff has reviewed the request for annexation and found the request meets 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 City has an existing two (2) inch water main located in front of the property on the west side
of Southwest Road. Sewer and reclaim water service are not available to this area on Southwest
Road. Payment of all impact and connection fees associated with obtaining utility services from
the City shall be the property owner's responsibility.
The property owner, ACAM Investments LLC, is requesting annexation into the City to obtain
water service from the City for a proposed single-family residence to be constructed on the subject
property.
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 annexing the property
into the City.
The City Commission approved the first reading of Ordinance No. 4740 on June 26, 2023.
The City Clerk published notice of the 2 Public Hearing in the Sanford Herald on July 9, 2023.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4740.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4740."
Attachments: Ordinance No. 4740
Exhibit "A"