HomeMy WebLinkAbout4752 Annexation 0.21 Acres - 4055 Church StreetOrdinance No. 2023-4752
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 21-19-
30-505-0000-003A which is generally addressed as 4055 Church
Street 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
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
21-19-30-505-0000-003A Triplet Holdings LLC
; and
Whereas, the manager of Triplet Holdings LLC, a Florida limited liability
company, is Anthony Roy and Eilana Roy is its authorized member; and
Whereas, the subject real property (a site 0.21 acre in size) is addressed as
4055 Church Street and is located on the south side of Church Street, approximately
170 feet east of Monroe Road and the 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
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
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2023094041 Bk:10520 Pg:1688-1695(8Pgs)
REC: 10/11/2023 10:31:23 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:
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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,
said property being situated in Seminole County, Florida:
Tax Parcel Identification Number 21-19-30-505-0000-003A (See Exhibit
"A" (map)) and described as:
In Section 21, Township 19 South, Range 30 East, the North 117 Y2 feet of
Let 3 West of Canal, AMENDED PLAT MANNS SUBDIVISION, in
accordance with the Plat thereof, as recorded at Plat Book 6 Page 89 of
the Official Records of Seminole County, Florida.
together with all right-of-way of Church Street abutting the subject property and that
right-of-way of Church Street running westward and eastward of the subject property,
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 obtain City utility services in order to develop the site. City water services are
available to the property. Sewer service is not available to the property. 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. In the event that full services become available
in the future, the property owner shall be responsible for the costs of connection.
(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
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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
determination shall not be held to invalidate or impair the validity, force or effect of any
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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 9t" day of October, 2023.
Attest: 0
Traci Hor in, MMC, FORM ",,. V'4
y-�h lel.D�m o emc
PS I 2
For u and reliance of the Sanford
City Commission only.
Approved as to form and legality.
&Z
William L. Colbert, City Attorney
City Commission of the City of
�
nford, Florida
r�
't Woodruff
ayor
EXHIBIT "A"
WAR
WY
AN N EXATI O
REQUEST
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PROPERTY I.D.# PROPERTY OWNER
21-19-30-505-0000-003A I TRIPLETT HOLDINGS,
LLC
LEGAL DESCRIPTION:
N. 117 1/2 Ft of Lot 3 W. of canal,
AMENDED PLAT MANNS SUBDIVISION,
according to the plat thereof as recorded in
Plat Book 6, Page 89, of the public records
of Seminole County, Florida.
PROPERTY ADDRESS
4055 CHURCH ST
PROPERTY ZONING ACRES
COUNTY CITY
A-1 I AG 0.21
oaoAPPROVED
CITY OF
�oS.,kNFORD
FLORIDA
WS RM X
Item No. 7.2)
CITY COMMISSION MEMORANDUM 23.186
OCTOBER 9, 2023 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Darren Ebersole — Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Annexation of 0.21 acres or (9,147 square feet) located at 4055 Church
Street; Owners, Triplett Holdings, 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 owners, Triplett Holdings, LLC, to voluntarily annex 0.21 acres located
at 4055 Church Street, has been received. The authorized members of the limited liability company
are Anthony and Eilana Roy.
FISCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the subject property has a single-family residence
on it.
Based on 2022 tax roll, the subject property had a total assessed value of $53,771. The total tax
bill for the subject property in 2022 was $772. If annexed, the property would be assessed the
City's millage rate and generate additional taxes. Upon annexation, it is the applicant's intent to
connect to City of Sanford utilities.
BACKGROUND:
The 0.21 acre site is located on the south side of Church Street, approximately 170 feet east of
Monroe Road.
Existing Use
Single Family Residential
Proposed Use
Single Family Residential
Parcel Number
21-19-30-505-0000-003A
Parcel Size
0.21 acres
Existing Future Land Use Designation (County)
HIP-TI, High Intensity Planned
Development — Target Industr
Proposed Future Land Use Designation(City)
WIC, Westside Industry and Commerce
Existing Zoning (County)
A-1, Agriculture, R-1, Single-family
Residential
Corresponding Zoning (City)
SR-1, Single Family Residential
Upon annexation, the property will be in City Commission District 2.
The subject properties are located within sub -area 8 of the 2015 Seminole County/City of Sanford
Joint Planning Agreement.
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.
Only City water is available, City sewer is not available to this site. The property owner shall be
responsible for extension of all available utilities to the property and payment of all impact and
connection fees associated with obtaining utility services from the City.
The property owners, Triplett Holdings, LLC, are requesting annexation of the 0.21 acres to obtain
utility services.
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 Ordinance No. 4752, on the first reading on September 25, 2023.
The City Clerk published notice of the 2❑d Public Hearing in the Sanford Herald on October 1,
2023.
RECOMMENDATION:
It is staff s recommendation that the City Commission adopt Ordinance No. 4752.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4752."
Attachments: Ordinance No. 4752
Exhibit "A"
FLORIDA DEPARTMENT 0 f STATE
RON DESANTIS
Governor
November 2, 2023
Traci Houchin, City Clerk
City of Sanford
P.O. Box 1788
Sanford, FL 32772-1788
Dear Traci Houchin,
CORD BYRD
Secretary of State
This will acknowledge receipt of your letter dated October 10, 2023, and copy of Ordinance No. 2023-
4752, which was adopted by the City of Sanford on October 9, 2023, and filed with the Florida Department
of State on October 20, 2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270