4493 Annex 4120 E. SR 46 Martha DeenGRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2019020467 Bk:9304 Page:1246-1253 (813gs)
REC: 02/26/2019 3:36:08 PM by Wevore
RECORDING FEES $69.50
Ordinance No. 2019-4493
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 34-19-
31-300-0038-0000. generally addressed as 4120 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 voluntary 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, the following is the fee simple title owner of the real property being
described by the Tax Identification Parcel Number as follows:
Tax Identification Parcel Number Owner
[c��i>E�ac�t�ZiZaiZ�Zc c �Z�Z�Z�7
; and
Martha E. Deen, Trustee
Whereas, above stated property owner applied for annexation of property into
the City of Sanford, through Tara L. Tedrow, Esquire, of the Lowndes, Drosdick, Doster,
Kantor and Reed, P.A. law firm; and
Whereas, the said applicant petitioned the City of Sanford, pursuant to
Section 171.044, Florida Statutes, through Ms. Tedrow, for annexation of said property
into the municipal limits of the City of Sanford; and
Whereas, the subject property is approximately 1.31 acres in size and is
generally addressed as 4120 East State Road 46; and
Whereas, City staff and the Development Review Team (on January 29,
2019) 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 subject property is located on is located within Planning Sub
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Area 3 of the of the 2015 Sanford/Seminole County Joint Planning Agreement. (JPA)
and, under the JPA, the area in which the annexed property is a commercial node to
serve the eastern portion of the City; 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; 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.
M
Whereas, the map and the legal description 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.
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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
parcels of land assigned the Tax Identification Parcel Number set forth above and being
specifically described as set forth below, together with all East State Road 46 right-of-
way running from the intersection with State Road 415 Eastward to the point wherein all
of said right-of-way is within the City Limits of the City of Sanford, and together with all
State Road 415 running from the intersection with East State Road 46 and Northward to
the Northernmost point of the property described below, said property being situated in
Seminole County, Florida:
(See Exhibit "A" (map) which contains legal descriptions of the 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). Water and sanitary sewer utility services, as well as reclaimed water
services, are available to the subject property from East Lake Mary Boulevard. The
property owner shall be responsible for all impact and connection fees associated with
obtaining utility services from the City to the annexed property. A private lift station is
required, at the expense of the property owner, to connect the property 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 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 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 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 requirements for a lift station with the ability to accept future use without
modifications. The intended future use of the property by the property owner is for a
commercial use as a convenience store.
(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
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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.
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.
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
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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 25th day of February, 2019.
Attest.
& 0,P 14 CIIRLL'i), C U0, FOP, ly
Traci Houchin, CMC, FCRM, City Clerk
For use and reliance of the Sanford
City Commission only. o
Approved as to form and legality.
✓ N
William L. Colbert, City Attorney
51 Page
City Commissi
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EXHIBIT "A"
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LEGAL DESCRIPTION:
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PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS
34-19-31-300-003B-0000 - Martha E. Deen - Trustee - 4120 E. SR 46
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CITY COMMISSION MEMORANDUM 19-047
FEBRUARY 25, 2019 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP, Senior Planne
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manag r
SUBJECT: Annexation of 1.13 acres located at 412 . SR 46; Owner: Martha E.
Deen - Trustee
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, Martha E. Deen - Trustee, to voluntarily annex 1.31 acres located
at 4120 E. SR 46, has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is vacant. Based on the 2018
property tax roll, the existing property has an assessed value of $591,601. The total tax bill for the
property in 2018 was $8,471,67. If annexed, the property would be assessed the City's millage rate
and generate an estimated $4,333 in ad valorem taxes. Under existing conditions the municipal
costs will be minimal, while tax revenue would increase by $4,333. Upon, annexation, it is the
applicant's intent to use the property for commercial purposes which will facilitate new non-
residential construction and additional tax revenue to the City. The property is within Planning
Sub Area 3 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 located in unincorporated Seminole County on the northwest
corner of SR 46 and East Lake Mary Boulevard.
Existing Use
Vacant
Proposed Use
Commercial
Parcel Number
34-19-31-300-003B-0000
Parcel Size
1.13 Acres
Existing Future Land Use Designation (County)
C, Commercial
Proposed Future Land Use Designation (City)
GC, General Commercial
Existing Zoning (County)
C-2, Commercial
Pro osed Zoning (City)
GC -2, General Commercial
Upon annexation, the property will be in City Commission District 1.
The Development Review Team (DRT) reviewed the request for annexation on January 29, 2019
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 State Road 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, Martha E. Deen - Trustee is requesting annexation to obtain utility services
in order to develop the property for commercial purposes.
On February 11, 2019 the City Commission approved the first reading of Ordinance No. 4493.
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. 4493, to annex 1.31
acres bearing the address 4120 E. SR 46 as legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4493."
Attachments: Ordinance No. 4493
Exhibit "A"