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HomeMy WebLinkAbout4828 Annexation 1.94 Acres at 4002 East SR 46GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2025074112 Bk:10869 Pg 1306-1317(12Pgs) REC: 07/30/2025 10:40:04 AM by Wevore RECORDING FEES $103.50 Ordinance No. 2025-4828 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real properties (Tax identification Parcel Number 33- 19-31-3000-1340-0000) which is generally addressed as 4002 East State Road 46 located contiguous to the City of Sanford, together with associated right-of-way, 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 are the fee simple title owners of the real property being assigned the following Tax Identification Parcel Number by the Seminole County Property a Appraiser: Tax Identification Parcel Number Owners 33-19-31-300-1340-0000 Galileo School Foundation, Inc. and; Whereas, the subject real property totals 1.94 acres in size which is addressed as 4002 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 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 requirements of controlling law; 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 and 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 33-19-31-300-1340-0000 (See Exhibit "A" (map), together with all right-of-way of East State Road 46 which abuts the subject property or which is in any way abutting East State Road 46 in either direction of Tax Parcel 2 Identification Number 33-19-31-300-1340-0000, all of Cameron Avenue right-of-way located northeast corner of intersection of Cameron Avenue and 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, it is the applicant's intent to construct a Pre-school and Daycare on the Subject Property upon issuance of the necessary permits. If annexed, the construction of a Pre-school and Daycare will have an impact on public facilities and services. The City has an existing twelve (12) inch water main located in front of the subject property on East State Road 46. Sewer is available to the subject property via an eight (8) inch force -main along State Road 46. Payment of all impact and connection fees associated with obtaining utility services from the City shall be the property owner's responsibility. 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 owners of the annexed property fully understand that the property owners and the transferees and assigns of the property owners 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 owners shall be responsible for any and all costs and expenses relating to the routing of 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 the granting of such easements being lawful exactions under controlling Florida law. (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 owners 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 taking 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 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. 41 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 28t' day of July, 2025. Attest: Traci Houchin, MMC, City Clerk For use and reliance of City Commission only. City Comossion of the ,Art Ve►�c ara°foed—X%� Approved as to form and legality. mdsay44. Greene City Attorney of Sanford, 51Pi EXHIBIT "A" I = LEGAL DESCRIPTION: m SEC 33 TWP 19S RGE 31 E PLAN., W 3 Ac of S 1 /2 of SE 1/4 T�l of SE 1/4 of SE 1/4 (LESS RD) �' 440;: . • . , 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. An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real properties (Tax identification Parcel Number 33-19-31-3000-1340-0000) which is generally addressed as 4002 East State Road 46 located contiguous to the City of Sanford, together with associated right-of-way, 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. 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 II Page ® 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. 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): Not Applicable 2. Estimate of direct economic impact of the proposed ordinance on private, for -profit businesses in the City. - Not Applicable 3. Estimate of direct compliance costs that businesses may reasonably incur: Not Applicable 4. Any new charge or fee imposed by the proposed ordinance: Not Applicable 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: Not Applicable 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Not Applicable 7. Additional information (if any, but may wish to include the methodology used to derive information for #1 and #2, above. For example: City staff solicited comments from businesses in the City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on City website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses based on feedback from businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not impose costs only upon businesses.): Not Applicable 3) WS RM X Item No. 7-AA CITY COMMISSION MEMORANDUM 25.171E JULY 28, 2025, 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: Ordinance No. 2025-4828; Annexation of 1.94 acres at project address 4002 East State Road 46; Owner: Galileo School Foundation Inc. STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Requesting an annexation by the property owner, the Galileo School Foundation Inc., to voluntarily annex 1.94 acres of unimproved real property at project address 4002 East State Road 46. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the Subject Property is a vacant general commercial parcel of real property with the assessed tax value and total tax bill for 2025 as shown below: Parcel Number I Property Assessed Value Tax Bill 121251 Owner 2f 0251 33-19-31-300-1340-0000 Galileo School $235,901 $0 Foundation Inc Upon annexation, it is the applicant's intent to construct a Pre-school and Daycare on the subject property upon issuance of the necessary permits. If annexed, the construction of a Pre-school and Daycare will have an impact on public facilities and services. No additional staffing is anticipated if the request is approved. BACKGROUND: On June 10, 2024, the City Commission approved utility services to establish the proposed Pre- school and Daycare. The applicant is now seeking full annexation to combine this parcel with the parcel to the east and develop the two parcels as one unified development within the City. The property is located at the northeast corner of the intersection of Cameron Avenue and State Road 46, in unincorporated Seminole County. Existing Use Vacant Commercial Proposed Use Pre-school and Daycare Parcel Number 33-19-31-300-1340-0000 Parcel Size 1.94 Acres Existing Future Land Use Designation (County) IND, Industrial Equivalent Future Land Use Designation (City) I, Industrial Existing Zoning (County) C-3, Heavy Commercial Equivalent Zoning (City) RI-1 Restricted Industrial Upon annexation, the Subject Property will be in City Commission District 2. Staff has reviewed the request for annexation and found that 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 twelve (12) inch water main located in front of the subject property on State Road 46. Sewer is available to the subject property via an eight (8) inch force -main along State Road 46. 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, Galileo School Foundation Inc., is requesting annexation into the City to obtain utility services from the City for a proposed Pre-school and Daycare 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 subject property into the City. The City Commission approved Ordinance No. 2025, on first reading on July 14, 2025. The City Clerk published notice of the 2°d Public Hearing in the Sanford Herald on July 16, 2025. RECOMMENDATION: It is the staffs recommendation that the City Commission adopt Ordinance No. 2025-4828." SUGGESTED MOTION: "I move to adopt Ordinance No. 2025-4828." Attachments: Ordinance No. 4828 Exhibit "A"