4440 Annex Benjamin BullardHerrin/Green 3901 West 1st St/al
O
U
GRANT NIHLOYY MI-11NO! E "OUNTY
"1 6 � 'T';� C,'OP'fl'RQLLE',-Z-
CUM OF CIRCUIT C`0 .
:_�i.
K 9100 Pg JR
LERK'S t 2018034658
'�_'MRDED
Ordinance No. 201841440 R`H_
R E CORD 11"Ni"G FEES
h-H-ORDEL', -Y
An ordinance of the City of Sanford, Florida, annexing by voluntary
ry
petition certain real property (Tax identification Parcel Numbers 28-
19-30-506-0000-012A, 28-19-30-506-0000-013A and 28-19-30-506-0000-
013B generally addressed as 3901 West 1st Street (State Road 46))
located contiguous to the City of Sanford in accordance with the
voluntary annexation provisions of Section 171.044, Florida Statutes,
together with associated rights -of -ways; redefining the boundaries of
the City of. Sanford to include said property; amending the
boundaries of the City in accordance with the vol ' untary annexation
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, Benjamin F. and Ethel Bullard, Jerald L. Herrin and Sharman and
Allen Green applied for annexation of property into the City of Sanford and are hereby
determined to be the fee simple title owners of the real property described below; and
Whereas, the said, applicants petitioned the City of Sanford, pursuant to
Sec'tion 171.044, Florida Statutes, for ann'exatibn of said property' into the municipal
limits of the City of Sanford; and
Whereas, the subject property is approximately 5.45 acres in size and is
generally addressed as 3901 West 1st Street (West State Road 46); and
Whereas, the subject property is located on the South side of West State
Road 46 (West First Street) and is approximately 317 feet west of Central Park Drive;
and
Whereas, the applicants are the fee simple title owners of all of said property
being described by Tax Identification Parcel Numbers as follows:
Tax Identification Parcel Numbers Owners
28-19-30-506-0000-012A
28-19-30-506-0000-013A
28-19-30-506-0000-013B
11 P a g e
Benjamin F. and Ethel Bullard
Jerald L. Herrin
Sharman and Allen Green
Whereas, upon annexation, it is the intent of the property owners to use the
property for commercial purposes which would require a rezoning of the lands; and
Whereas, City staff and the Development Review Team (on January 9, 2018)
have 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 and has,
further, determined that associated rights-of-way should be annexed hereby; 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.
2 1 P a g e
EMS
Whereas, the map and the legal description attached hereto as Exhibit "A"
shows, describes, and depicts the property and associated rights -of -ways which are
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
Properties.
(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 Numbers as set forth above and
being specifically described as set forth below, together with all West State Road 46
(West First Street) right-of-way running North of the annexed property all of said rights-
of-way being annexed in association with the following property being situated in
Seminole County, Florida:
The East Y2 of Loy 12, Lot 13 less the East 165 feet and the 30 feet wide
Unnamed Right -of -Way lying between Lots 12 and 13, SMITHS 3rd
SUBDIVISION, as recorded in Plat Book 1, Page 86 of the Public Records
of Seminole Couhty, Florida lying South of State Road #46 in Section 28,
Township 19 South Range 30 East.
(See Exhibit "A")
, and all of said property and aforementioned rights-of-way are 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). 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 owners of the
annexed property fully understand that they and their transferees and assigns
shall incur any and all of the costs of routing 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.
3(fy
Water service is available off of State Road 46 right-of-way approximately 350
feet away from the subject property. The nearest connection would be on
Narcissus Avenue. Sewer services are not available to the subject property. The
property owners shall be responsible for all impact and connection fees
associated with obtaining utility services from the City and to extend such utility
services to the property to the extent that such utilities are not available. The
property owners are requesting annexation to obtain utility services in order to
develop the subject property for light industrial use. Future development shall
meet all utility code requirements for a lift station with the ability to accept future
use without modifications. .
(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.'
Section 3. Administrative Actions.
(a). Within 7 days of the adoption 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 properties to
include, but not be limited to, annexed rights-of-way and natural features.
4 P a g
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.
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 26th day of March, 2018.
Attest. City Commission of the City of
Sanford, Florida
v OR
Traci Houchin, City Clerk, CMC 4Jeff Tri
For use and reliance of the Sanfo r ` �'
City Commission only. ``� '� till
Approved as to form and legality. �1
„P& T . 1�
r/
it iam L. Colbert, City Attorney
5 1 P acre
M
EXHIBIT "A"
LEGAL DESCRIPTION:
East 1/2 of Lot 12, Lot 13 less the East
165 feet and the 30 feet wide Unnamed right -
of -way lying between Lots 12 and 13, Smiths
Third Subdivision, as recorded in Plat Book 1,
Page 86 of the Public Records of Seminole
County, Florida lying South of State Road #46
::;:::::.:::::::::::::
in Section 28, Township 19 South, Range ;: ;•::::
30 East. ................:
n
cv
11P
low
Iva
0
IRMH 6t
�__ Jttti ptllll
' i— llllt IBEI�Ij
---------------
.. „_
It. ¥ �' : `
i
.. a
::
Lu.
.
::: .-..... ..... :::: ...
... #
.................:...........::::::::::::::::::::::.::::::::::: r [ .......... �� :........
r.
:::::.:::::::: • .................-- I
R N.E:G�?E:iii4:: :::: ............. ::::::::::::: 3 t�
x :::::`�.............. ...............:.:.: an x,
i:iii:iii::::i
...... ....... ......P .............. ....... ........ .................
�.
................... <i:iiciiiiiii:i .................... ISt;ANR 8AY CIR. . - -
x
::: wr s`ts sir'
CK ... ::::::: �::::::
....................
:Q F
::::::.
....................
a�
v.
.. ................ ........ .............:..:::
. ... .......... .
.............................................. ...
t:
..
......> —
:u:
............................................ ................... .
....................
..... ........ ................. .. ........ J ..... ..... ...... .............. ... ..................... .........-.........
ci............. ...
GO
::................
..............
.
.............
='
...............
t
......................
..........:
......................
.. ................
.. .... ............::::::
.. ...........................
.......:::
....................................
.....
............
.z3 ................::.;
...............
...............
................................
E
.. ..........
.. ............:
1
............ ;.;.; . ....... . ...... M
a
PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES
1 28-19-30-506-0000-012A BENJAMIN F & ETHEL
BULLARD
2 28-19-30-506-0000-013A JERALD HERRIN
3 28-19-30-506-0000-013B I SHARMAN & ALLEN
GREEN
COUNTY CITY
3901 W. 1ST ST A-1 AG 2.18
3881 W. 1 ST ST A-1 AG 1.25
VACANT W. 1 ST ST I A-1 I AG 1 0.93
CITY COMMISSION MEMORANDUM 18.064
MARCH 26, 2018 AGENDA
TO: Honorable Mayor and Members of the Ci
PREPARED BY: Jordan Smith, AICP, PP, Senior Plann
SUBMITTED BY: Norton N. Bonaparte, Jr.,,City Manage
SUBJECT: Annexation of 5.45 acres located at 3901
Benjamin F & Bullard Ethel M Et Al;
& Allen
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
W S _ RM X
Item No.9 , ni)
Commission
est 1St Street; Owner: Bullard
n Jerald L and Green Sharman
A request by the property owners, Benjamin F and Ethel Bullard, Jerald L. Herrin and Sharman
and Allen Green to voluntarily annex 5.45 acres located at 3901 West 1St Street has been received.
FISCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the subject properties are vacant. Based on the
2017 property tax roll, the three subject properties have a total assessed value of $516,953. The
total tax bill for the three properties in 2017 was $7,543.42. If annexed, the property would be
assessed the City's millage rate and generate an estimated $3,787 in ad valorem taxes. Under
existing conditions the municipal costs will be minimal, while tax revenue would increase by
$3,787. Upon annexation, it is the applicant's intent to use the property for commercial purposes
which would require a rezone, however, it will facilitate new non-residential construction and
additional tax revenue to the City. The property is not within a Planning Area of the 2015 Seminole
County/City of Sanford Joint Planning Area.
BACKGROUND:
The above referenced properties are located in unincorporated Seminole County on the southern
portion of West SR 46 and are approximately 317 feet west of Central Park Drive.
In order to develop the three properties as one parcel, there was an uncut portion of public right-
of-way that needed to vacated and abandoned. On January 24, 2018 the Seminole County Board
of County Commissioners approved Resolution 2018-0477 to vacate and abandon the uncut
portion of public right-of-way known as Creek Road which lied between Lot 12 and Lot 13 of the
SMITH 3`1 SUBDVISION plan.
Existing Use
Vacant
Proposed Use
Commercial
Parcel Numbers
28-19-30-506-0000-012A
28-19-30-506-0000-013A
28-19-30-506-0000-013B
Parcel Size
5.45
Existing Future Land
Use Designation
(County)
Parcel 1 (28-19-30-506-0000-012A)
HIP -TI, Higher Intensity
Planned Development —
Target Industry
Parcel 2 (28-19-30-506-0000-013A)
Parcel 3 (28-19-30-506-0000-013B)
Proposed Future Land Use Designation (City)`
WIC, Westside Industry, &
Commerce
Existing Zoning
(County)
Parcel 1 (28-19-30-506-0000-012A)
A-1, Agricultural
Parcel 2 (28-19-30-506-0000-013A)
Parcel 3 (28-19-30-506-0000-013B)
Corresponding Zoning
(City)
Parcel 1 (28-19-30-506-0000-012A)
AG, Agricultural
Parcel 2 (28-19-30-506-0000-013A)
Parcel 3 (28-19-30-506-0000-013B)
Upon annexation, the property will be in City Commission District 2.
The Development Review Team (DRT) reviewed the request for annexation on January 9, 2018
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.
Water ;and sewer are available to the parcels. The pr,'operty owner shall be''esponsible for all impact
and connection fees associated with obtaining utility services from the City and to extend such
utility services to the property.
The property owners, Benjamin F. and Ethel Bullard, Jerald L. Herrin and Sharman and Allen
Green are requesting annexation to obtain utility services in order to develop the property for
commercial use.
The City Commission approved the first reading of Ordinance No. 4440 on February 12, 2018.
The City Clerk published notice of the public hearing in the Sanford Herald on February 11 & 18,
2018.
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.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4440, to annex 5.45
acres bearing the address 3901 West 1st Street as legally described into the City of Sanford.