4532 Annexation of 3.4 acres at 2461 Cherry Laurel DriveOrdinance No. 2019-4532
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 32-19-
30-301-008E-0000 generally addressed as 2461 Cherry Laurel Drive
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 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, Alan E. Fulmer and Patricia A. Fulmer applied for annexation of
property into the City of Sanford and is hereby determined to be the fee simple title
owner of the real property described below; and
Whereas, the said applicants petitioned the City of Sanford, pursuant to
Section 171.044, Florida Statutes, for annexation of said property into the municipal
limits of the City of Sanford; and
Whereas, the subject property is approximately 3.4 acres in size and is
generally addressed as 2461 Cherry Laurel Drive; and
Whereas, the subject property is located On the north side of Briarcliffe Street
and approximately 525 feet west of Grenada Avenue; and
Whereas, the applicants are the fee simple title owner of all of said property
being described by Tax Identification Parcel Number as follows:
Tax Identification Parcel Number Owners
32-19-30-301-008E-0000 Alan E. Fulmer and Patricia A. Fulmer
EM
Whereas, upon annexation, it is the intent of the property owner to develop
the property for commercial purposes which would require a rezoning of the property
1 I P _? g .y GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2020094868 Bk:9689 Page:1051-1065
REC: 08/27/2020 12:37:09 PM by edellavec
RECORDING FEES $129.00
which is deemed to be feasible as the property is currently assigned the county future
land use designation of HIPTI, High Intensity PD, Target Industry and is likely to be
assigned the City land use designation of HI, 1-4 High Intensity; and
Whereas, City staff and the Development Review Team (on December 3,
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 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.
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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 Number as set forth above and
being specifically described as set forth below, together with all right-of-way of County
Road 46A (H.E. Thomas Parkway) South of the property and running Eastward toward
right-of-way located with the City and running Westward to the limits of Interstate
Highway 4 right-of-way; all of said property being situated in Seminole County, Florida:
From point of beginning run North 22 Degrees 33 Minutes 55 Seconds
East 71.09 feet North 10 Degrees 58 Minutes 39 Seconds East 140.82
feet East 587.86 feet North 47 Degrees 00 Minutes 00 Seconds East
232.83 feet South 11 Degrees 43 Minutes 46 Seconds West 359.55 feet
South 84 Degrees 58 Minutes 53 Seconds West 44.26 feet Northwesterly
along curve 567.18 feet West 50.92 feet South 83 Degrees 54 Minutes 33
Seconds West 77.57 feet to the point of beginning said property being
located in Seminole County, Florida. (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 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 it and its 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. City water, reclaimed
water and sewer services are available to the property. The water and reclaimed
3 1 P a 2 e
water lines are located on the North side of County Road 46A (H.E. Thomas
Parkway) and the force main is located on Cherry Laurel Drive. A private lift
station would be required to connect to City sewer service. 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 requesting
annexation to obtain utility services in order to develop what they desire to be
commercial uses. 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 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.
41, -ID
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 24th day of August, 2020.
Attest: City Commission of he City of
Sanford, Flogidd) I ,
�m
Traci Houchin, MMC, FCRM
City Clerk ,
For use and reliance of the Sanfo
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
5 1 P a g
yor
EXHIBIT "A"
LEGAL DESCRIPTION:
SEC 32 TVVP 19S R3E 30E FROK4
SW COR RUN E588.64 FTN22 DEG CLOUD CIR
33 K4|N 55 SEC E 220.22 FT TO POB
RUN N 22 DEG 33 MIN 55 SEC E
71.09 FTN 1ODEG 58MIN 30SEC E
148.82 FT E 587.86 FT N 47 DEG 00
MIN OO SEC E 232.83 FTS 11 DEG 43
W1|N 48SEC VV35A.55 FT 84 DEG 58
K4|N 53 SEC VV 44.28 FT NVVLYALON8 ~`
CURVE 5G7.18FTVV5O.82FTS83DEG
54 K4!N 33 SEC VV 77.57 FT TO BEG | /
I PROPERTYK.D.# |PROpEFTY OWNER
32-19-30-301-008E-0000ALANE.FUUNER&
| i R4TR|C|AA.FUUNER
PROPERTY ADDRESS
PROPERTY ZONING ACRES
COUNTY I CITY I
2461 CHERRY LAUREL RD I PD I PID 1 3.40
FILE #PZ93-32 DEVELOPMENT ORDER#94-18
SEMINOLE COUNTY DEVELOPMENT
ORDER
OnSeminole County issued this
Developmen� order rel'ating to and touching and concerning the
following described property:
Attachment "All
OD CD
[The aforedescribed legal description has been provided CC�-'n
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to Seminole County by the owner of the aforedescribed r- C) >
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property.] C-'
FINDINGS OF FACT
Property owner: Alan E. Fulmer and Patricia Fulmer
Project Name: Fulmer PCD
Requested Development Approval: Rezone from A-1 to PCD
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The development approval sought is consistent with the
Seminole County Comprehensive Plan and will be developed consistent
with and in compliance to applicable land development regulations
and all other applicable regulations and ordinances.
The owner of the property has expressly agreed to be bound by
and subject to the development conditions and commitments stated
below and has coven4nted and agreed to have such conditions and
commitments run with, follow and perpetually burden the
aforedescribed property.
Order
NOW, THEREFORE, it is ORDERED AND AGREED THAT:
(1) The aforementioned application for development approval
is GRANTED.
(2) All development shall fully comply with all of the codes
and ordinances in effect in Seminole county at the time of issuance
of permits including all impact fee ordinances.
Prepared By: Melissa Tulp
1101 E. 1st St.
Sanford, Florida 32771
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(3) This Development order touches and concerns the
aforedescribed property and the conditions, commitments and
provisions of this Development order shall perpetually burden, run j\.)
(1) --J 121c)
with and follow the said property and be a servitude upon afo Cil
binding upon said property unless released in whole or part Fy
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action of Seminole County by virtue of a document of equal dignity
herewith. The owner of the said property has expressly covenant*
and agreed to this provision and all other terms and provisions of
this Development Order.
(4) The terms and provisions of this Order are not severable
and in the event any portion of this Order shall be found to be
invalid or illegal then the entire order shall be null and void.
Done and Ordered on the date first above.
As approved and authorized for
execution by the Board of County
Commissioners at their meeting of
February 8, 1994.
By:
(A - ROVING AUTHORITY
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SEMINOLE COUNTY D.O. #94-18
OWNER'S CONSENT AND COVENANT J n C)
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COMES NOW,, As
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owner(s) of the aforedescribed property in this Development Order`, C-,)
on behalf of itself and its heirs, successors, assigns !—or' -O 2�
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transferrees of any nature whatsoever and consentfj to, agrees with
and covenants to perform and fully abide by the provisions, terms,
conditions and commitments set forth =*this Developmn
witness Owner
Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and CoVnty aforesaid to take
acknowledgements, personally appeared lq^1:7- 1 M re
who is personally known to me or who has produced OL -
as IdentificatioL and who did take an oath_
WITNESSmy haInd and official al in the Count nd State
last aforesaid this '741, day of A- or)r_
Notary Aunlic, in and for the County
andSftAtAforementioned
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my commission Expires:
GAI11E FULLERz Koury uCirc. StatE of Florida
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Attachment "A"
Legal Description of 2461 Cherry Laurel Drive, Sanford, Florida 32771
From the southwest corner of Section 32, Township 19 south, range 30 east, Seminole County,
Florida, run south 89°53'54" east along the south line of said section 32, a distance of 558.38 feet to a
point on the north right-of-way line of C -46-A, said point being on a curve concave southwesterly
having a radius of 724.537 feet and a tangent bearing south 76°00'38" east at said point, thence run
southeasterly along the arc of said curve 30.26 feet through a central angle of 02°23'33" thence run
north 22°33'55" east 134.63 feet for a point of beginning, thence continue north 20°23'33" east 156.46
feet, thence run north 10°58'39" east 140.82 feet; thence run south 89°53'54" east 587.86 feet, thence
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run north 47°00'00" east 232.83 feet; thence run south 11°43'46" west 451.24 feet, thence run north
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89°53'54" west 753.26 feet to the point of beginning.
Together with and subject to a 60.00 foot easement for ingress and egress and utilities, the centerline
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of which is described as follows: from the southwest comer of section 32, township 19 south, range 30
D
east, Seminole County, Florida, run south 89°53'54" east along the south line of said section 32, a
r*
n _—adistance
of 558.38 feet to a point on the north right of way line of C -46-A, and the point of beginning
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of this centerline description, thence run north 22°33'55" east 291.65 feet, thence run north 10°58'39"
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east 447.33 feet to the end of the centerline description.
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CERi1FlED Cop SE
NiA�YAP1t�E P6
ORCLERK QF GIRCUIi FLORDA
gFM1NQ6F� KiY. �
BY tiEPUSY CLERK j
APR 1 1994
PLANNING AND DEVELOPMENT DEPARTMENT
PLANNING DIVISION
March 25, 2005
Dennis Wells, Esq.
Wells, Wells & Williams, P.A.
280 Wekiva Springs Road
Suite 230
Longwood, Florida 32779
Re: 2461 Cherry Laurel Lane, Lake Mary, Florida
Dear Mr. Wells:
elt�l-/,*"' SEMINOLE COUNTY
FLORIDA'S NATURAi.. CHOICE
COFA11�01r
I am in receipt of your letter of March 4, 2005, requesting that this office confirm
whether the above -referenced property may be used for residential purposes. The
property you reference is currently zoned PCD. Although residential use generally is not
a permitted use in the PCD zoning district, the preliminary PCD zoning on this property
would permit your client to utilize the existing residential structure for ongoing
residential purposes or as a part of the operation of a Bed and Breakfast.
This office cannot opine definitively as to whether the structure on this property
may be rebuilt in the event of a fire or hurricane because that question is fact -based and
would be dependent on the circumstances at the time of the request, the nature and extent
of damage to the structure as well as compliance with other code requirements. As a
general response, it is my view that the current structure could be rebuilt for residential
purposes subject to the same conditions any residential structure with residential zoning
could be rebuilt under the same set of facts.
That said, your request has brought to our attention the fact that the current PCD
zoning on the property has never been finalized and that the preliminary site plan
approved at the time of rezoning has expired and is now inoperative. A final site plan
and developer's commitment agreement was required to be submitted within five (5)
years of the approval of the preliminary site plan. A final site plan was due no later than
February 1999. No such submittal has ever been made and no permits to construct or use
the parcel pursuant to the PCD zoning can lawfully be issued or occur until approval of a
final site plan. The failure to submit a final site plan and complete a developer's
commitment agreement makes a definitive answer to your questions regarding future use
even more speculative.
A Bed and Breakfast by Code definition is "a commercial use associated with a
principal residential structure in which no more than three (3) guestrooms are provided to
1101 EAST FIRST STREET SANFORD FL 32771-1468 TELEPHONE (407) 665-7371, (407) 665-7444 FAX (407) 665-7385
guest clients with meals available to such guest clients on premises at no extra cost." It is
my interpretation of the current situation (as I currently understand the facts) that a
principal residential use is permitted on this property and may continue under both the
original A-1 zoning and the PCD zoning that has yet to be finalized. It would further be
my interpretation that the existing residential structure could be maintained, rebuilt or
reconstructed under the same conditions and circumstances as if it were a permitted use
within this PCD. If your clients have chosen not to proceed with their plans for this PCD
please advise this office so we can proceed to revisit the zoning on the property pursuant
to the Code. If you or your clients would like to meet with the Planning staff to
determine how best to proceed I would be happy to set up such a meeting. The current
situation has created circumstances that greatly limit definitive answers to any questions
regarding the use of the property. Under the Code, as I previously stated, until a final site
plan is approved no use may be made of the property pursuant to the PGD zoning and
general residential use (beyond the continued use of the current structure) would be
considered non -conforming and as such could not be extended or enlarged.
If you have any questions, please call me at (407) 665-7353.
Respectfully,
vx//�
Matthew West, AICP
Planning Manager
J t6 f d 6`6 o kJ LAiJ
CITY OF
Sk�40RD
i
'Y h
FLORIDA
CITY COMMISSION MEMORANDUM 220.145
AUGUST 24, 2020 AGENDA C6
WS RM X
Item No.
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP, Senior Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Annexation of 3.4 acres located at 2461 Cherry Laurel Drive; Owner:
Alan E. and Patricia A. Fulmer
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, Alan E. and Patricia A. Fulmer, to voluntarily annex 3.4 acres
located at 2461 Cherry Laurel Drive, is being requested.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property contains one 2,814 square foot
single family structure built in 1985. Based on the 2019 property tax roll, the existing property has
an assessed value of $479,110. The total tax bill for the property in 2019 was $6,214.67. If
annexed, the property would be assessed the City's millage rate and generate an estimated $3,373
in ad valorem taxes. Under existing conditions the municipal costs will be minimal, while tax
revenue would increase by $3,510. 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 property is located in unincorporated Seminole County on the north side of
CR 46A also known as H.E. Thomas Parkway and is approximately 640 feet east of Rinehart Road.
Existing Use
Single Family Residential
Proposed Use
Commercial
Parcel Number
32-19-30-301-008E-0000
Parcel Size
3.4 Acres
Existing Future Land Use Designation (County)
HIPTI, High Intensity PD, Target Industry
Proposed Future Land Use Designation (City)
HI, I-4 High Intensity
Existing Zoning (Count)
PD, Planned Development
Proposed Zoning (City)
PD, Planned Development
The property at 2461 Cherry Laurel Drive was rezoned from A-1, Agricultural to PCD, Planned
Commercial Development in unincorporated Seminole County and was issued a Development
Order on April 14, 1994. The current PCD zoning on the property was never finalized in the
County and therefore the preliminary site plan approved at the time of the rezoning has expired
and is inoperative. A final site plan and developer's commitment agreement was required to be
submitted within five (5) years of the approval of the preliminary site plan, making a final site plan
due no later than February 1999. Records received by Seminole County Planning indicate no such
submittal was ever made. No permits to construct upon or use the parcel pursuant to the PCD
zoning can lawfully be issued or occur until approval of a final site plan.
The preliminary PCD zoning on the property only permits for the existing residential structure for
ongoing residential purposes, until such time when the required plan is approved.
Upon annexation, the property will be in City Commission District 4.
The Development Review Team (DRT) reviewed the request for annexation on December 3, 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.
The City has water, reclaim and sewer service available. The water and reclaim are located on the
north side of CR 46A (H.E. Thomas Parkway) and the force main is located on Cherry Laurel
Drive. A private lift station would be required to connect to City sewer service. The property owner
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, Alan E. and Patricia A. Fulmer, 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. 4532 on December 9, 2019.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on August 23,
2020.
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. 4532.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4532."
Attachments: Ordinance No. 4532
Exhibit "A"
Development Order 94-18