HomeMy WebLinkAbout4789 Annex 6.16 Acres - 4060 East State Road 46GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2024061329 Bk:10658 PgA61-470(10Pgs)
REC: 07/09/2024 3:40:49 PM by pkirkland
RECORDING FEES $86.50
Ordinance No. 2024-4789
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real properties (Tax identification Parcel Number 34-
19-31-300-003C-0000) which is generally addressed as 4060 East
State Road 46 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
34-19-31-300-003C-0000 Takvorian Properties, LLC
; and
Whereas, the 2 managers of the owner, Takvorian Properties, LLC, a Florida
limited liability company, Ann Takvorian and S. Theodore Takvorian; and
Whereas, the subject real property totals 6.16 acres in size which is
addressed as 4060 East State Road 46 and located on the north side of East State
Road 46 with frontage on both East State Road 46 and County Road 415A; 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
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 afore described 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 34-19-31-300-003C-0000 (See Exhibit
"A" (map)).
together with all right-of-way of East State Road 46 abutting the subject property and
East Lake Mary Boulevard running from the northern boundary of the subject property
through the intersection of East State Road 46, 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 utility services in order to develop the property for commercial purposes.
City water and reclaimed water services are available on the north side of East State
Road 46. Sanitary sewer service is available through a force main. A private lift station
is required to connect to City sanitary sewer services. 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
notwithstanding any charter provisions to the contrary. . . . . A municipality may, by
ordinance and without referendum, redefine its boundaries to include only those lands
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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
other section, sentence, phrase, word, or portion of this Ordinance not otherwise to be
invalid, unlawful, or unconstitutional.
41 Page
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 8th day of July, 2024.
Attest:
0 N ) D r,.. �
Traci hluchin, MMI, FCRM
t cl�t'-Nlia
, -For ence of the Sanf d
City Commission only.
Approved as to form and leg lity.
r,Vfi C. Colbert, C
ACI+
City Commissi n of the City of
Sanford, Florida a
Woodruff
51 Page
r.f.0R�,
o O
Business Impact Estimate
This form should be included in agenda packet for the item under which the proposed ordinance
is to be considered, and must be posted on the City's website by the time notice of the proposed
ordinance is published.
Annexation of 4060 East State Road 46:
The City is of the view that the following exception(s) to the Business Impact Estimate
requirement, that are checked off in a box below, apply to the above -referenced proposed
ordinance. Although, the City is implementing the procedure required by statutory law to
ensure that no inadvertent procedural issue could impact the enactment of the proposed
ordinance.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant, or other
financial assistance accepted by the
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑x The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
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In accordance with the provisions of controlling law, even notwithstanding the fact that,
an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare):
The applicant is requesting annexation into the City of Sanford to obtain utilities services
and develop the subject property for commercial purposes including fast food restaurants.
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City:
When annexed into the City, the property will be assessed the City of Sanford Millage
rate and will result in additional Revenue to the City.
3. Estimate of direct compliance costs that businesses may reasonably incur:
The applicant will be responsible for all permitting fees.
4. Any new charge or fee imposed by the proposed ordinance:
When annexed into the City, the property will be assessed the City of Sanford Millage
rate in addition to the County Taxes.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
It is impossible to quantify any potential regulatory costs of the proposed development.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
It is unknown if any businesses will be impacted by the development of the site.
7. Additional information
Not applicable.
21 Page
EXHIBIT "A"
LEGAL DESCRIPTION:
SEC 34 TWP 19S RGE 31E SW 1/4
STER of SW 1/4 W of ST RD 415 (LESS
Wy N 552.89 Ft & BEG 247.2 Ft E&
mLILW 29.99 Ft N of SW COR RUN N 86
P DEG 28 MIN 1 SEC E 185.54 Ft N
43 DEG 17 MIN 24 SEC E36.31 Ft
250 Ft S 86 DEG 28 MIN 01 SEC W
209.98 Ft S 275.03 Ft TO BEG & RDS)
BL
CV
ANNEXATION
REQUEST
PROPERTY I.D.# I PROPERTY OWNER
34-19-31-300-003C-0000 TAKVORIAN
PROPERTIES LLC
PROPERTY ADDRESS
4060 E SR 46
PROPERTY ZONING I ACRES I
COUNTY I CITY
C-1 I GC -2 1 6.16
To
U
Z APPROVED
WS RM _X_
Item No.�'
CITY COMMISSION MEMORANDUM 24.179
JULY 8, 2024 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 6.16 Acres located at project address
4060 East State Road 46; Owners: Takvorian Properties 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, Takvorian Properties LLC, to voluntarily annex 6.16 acres
located at project address 4000 West State Road (SR) 46, has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the property is vacant and used as grazing land
with assessed tax values and total tax bills for 2024 shown below:
Parcel Number
Assessed Value (2024)
Tax Bill (2024)
Property Status
34-19-31-300-003C-0000
$1,259
$1,259
Grazing Land
Upon annexation, it is the applicant's intent to establish fast food and quick service restaurants on
the property. When annexed, the proposed use will have an impact on public facilities and services.
The property is within Planning Sub Area 2 of the 2015 Seminole County/City of Sanford Joint
Planning Area, which is a commercial node to serve the eastern portion of the City.
BACKGROUND:
The above referenced property is in unincorporated Seminole County on the north side of East
State Road 46 with frontage on both East State Road 46 and County Road 415A.
Existing Use
Grazin,g Land
Proposed Use
General Commercial
Parcel Number
34-19-31-300-003C-0000
Parcel Size
6.16 Acres
Existing Future Land Use Designation(County)
COM, Commercial
Proposed Future Land Use Designation Ci GC, General Commercial
Existing Zoning (County) C-2, Retail Commercial
Proposed Zoning (City) GC -2, General Commercial
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 on the north side of SR 46. 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 owner, Takvorian Properties LLC, is requesting annexation to obtain utility services
to develop the property for commercial purposes.
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. 2024-4789 on June 24, 2024.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on June 30, 2024.
RECOMMENDATION:
It is the staff's recommendation that the City Commission adopt Ordinance No. 2024-4789.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4789."
Attachments: (1) Ordinance No. 2024-4789.
(2) Exhibit "A".