4623 Annex 11.29 Acres 3330 Eaglewoods TrailOrdinance No. 2021-4623
Whereas, the following is a list of the fee simple title owners of the real
property being assigned the following Tax Identification Parcel Numbers by the
Seminole County Property Appraiser:
Tax Identification Parcel # Owner(s)
03-20-31-5AY-0000-088A (Parcel 1 herein)
03-20-31-5AY-0000-0880 (Parcel 2 herein)
03-20-31-5AY-0000-0876 (Parcel 3 herein)
CEO
Bernard and Tamara McPherson
Alan H. Herbs
James T. and Sara Murdaugh
Whereas, above stated property owners applied for annexation of property
into the municipal limits of the City of Sanford pursuant to Section 171.044, Florida
Statutes; and
Whereas, the subject property is approximately 11.29 acres in size (in the
aggregate) and is generally addressed as 3330 Eaglewoods Trail and is located on the
north side of Eaglewoods Trail, west of Skyway Drive and east of an unnamed right of
way, east of Sipes Avenue; and
Whereas, the subject property is located within sub -area 4 of the 2015
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Numbers 03-
20 -31 -SAY -0000-087B, 03 -20 -31 -SAY -0000-0880 and 03-20-31-5AY-
0000-088A, which is generally addressed as 3330 Eaglewoods Trail
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located contiguous to the City of Sanford together with associated
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rights-of-way within the area of the annexed property in accordance
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with the voluntary annexation provisions of Section 171.044, Florida
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Statutes; redefining the boundaries of the City of Sanford to include
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said property; amending the boundaries of the City in accordance
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with the provisions of Section 166.031, Florida Statutes; providing
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for findings; providing for conditions; directing the City Clerk to
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record the ordinance with the Clerk of the Circuit Court, with the
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Chief Administrative Office of Seminole County and with the
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Department of State; providing for legal description and a map and
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providing for the incorporation of that exhibit; repealing all
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ordinances in conflict herewith; providing for severability; providing
for non -codification and the taking of administrative actions and
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providing for an effective date.
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Whereas, the following is a list of the fee simple title owners of the real
property being assigned the following Tax Identification Parcel Numbers by the
Seminole County Property Appraiser:
Tax Identification Parcel # Owner(s)
03-20-31-5AY-0000-088A (Parcel 1 herein)
03-20-31-5AY-0000-0880 (Parcel 2 herein)
03-20-31-5AY-0000-0876 (Parcel 3 herein)
CEO
Bernard and Tamara McPherson
Alan H. Herbs
James T. and Sara Murdaugh
Whereas, above stated property owners applied for annexation of property
into the municipal limits of the City of Sanford pursuant to Section 171.044, Florida
Statutes; and
Whereas, the subject property is approximately 11.29 acres in size (in the
aggregate) and is generally addressed as 3330 Eaglewoods Trail and is located on the
north side of Eaglewoods Trail, west of Skyway Drive and east of an unnamed right of
way, east of Sipes Avenue; and
Whereas, the subject property is located within sub -area 4 of the 2015
Seminole County/City of Sanford Joint Planning Agreement and east -west alignment
established by Eaglewoods Trail is to serve as a dividing line for residential density
within Planning Area 4 with properties to the north of the line to develop at a maximum
of 3.5 units per net buildable acre with properties lying south of this line and north of
Pineway to develop at a maximum of 2.5 units per net buildable acre; and
Whereas, the subject property is located north of Eaglewoods Trail and has
been assigned the future land use designation of County SE, Suburban Estates, if the
property is to be developed at a maximum of 2.5 dwelling units per acre, a land use
amendment to City LDR-SF, Low Density Residential Single Family, will need to be
accomplished; 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 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
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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 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.
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 Numbers set forth above and
below, together with all rights-of-way of Kentucky Street between Skyway Drive and
Sipes Avenue, all rights of way of Skyway Drive between Eaglewoods Trail and
Kentucky Street, all rights of way of Eaglewoods Trail between Skyway Drive and the
unnamed right-of-way abutting Parcel 3 to the west, and all of the unnamed right-of-way
between Eaglewoods Trail and Kentucky Street, all to the extent such rights-of-way are
not currently located within the City Limits of the City, said property being situated in
Seminole County, Florida:
In Section 3, Township 20 South, Range 31 East:
PARCEL 1: the north. Y2 of Lot 88, SANFORD CELERY DELTA, according to the
plat thereof, as recorded in Plat Book 1, Pages 75 and 76, of the Public Records
of Seminole County, Florida.
PARCEL 2: The south 1/2 of Lot 88, SANFORD CELERY DELTA, according to
the plat thereof, as recorded in Plat Book 1, Pages 75 and 76, of the Public
Records of Seminole County, Florida.
PARCEL 3: The south 295 feet of Lot 87 and southerly and westerly of stream,
SANFORD CELERY DELTA, according to the plat thereof, as recorded in Plat
Book 1, Pages 75 and 76, of the Public Records of Seminole County, Florida.
(See Exhibit "A" (map). (Tax Identification Parcel Numbers 03-20-31-5AY-0000-
087B, 03-20-31-5AY-0000-0880 and 03-20-31-5AY-0000-088A).
, 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). 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 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. The
property owners are requesting annexation in order to obtain utility services which will
enable the development of a residential development. Potable water service and
reclaimed water service are available from East Lake Mary Boulevard. Sewer
connection shall be to the existing City lift station on Skyway Drive.
(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. 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.
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(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 property 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
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.
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Passed and adopted this 27th day of September, 2021.
Attest: City Commission zission of the City of
Sanford I i da,,
Traci Houc in, MC, FORM 9 Aft'Wc
t Cler F % — Mayor
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For se d reTrince of the n Vrd
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City ommission only.
Approved as to form and legality.
it L. Colbert
City Attorney
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7.7.
EXHIBIT "A"
PARCEL I LEGAL DESCRIPTION:
S. 1/2 of Lot 88, SANFORD CELERY
DELTA, according to the plat thereof
as recorded in Plat Book 1, Pages 75
&76, of the public records of Seminole
County, Florida.
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REQUEST
PARCEL 2 LEGAL DESCRIPTION:
N. 1/2 of Lot 88, SANFORD CELERY
DELTA, according to the plat thereof
as recorded in Plat Book 1, Pages 75
&76, of the public records of Seminole
County, Florida.
..............
E. LAKE MARY BLVD
PARCEL 3 LEGAL DESCRIPTION:
S. 295 Ft of Lot 87 S. & W. of stream,
SANFORD CELERY DELTA, according
to the plat thereof as recorded in Plat
Book 1, Pages 75 &76, of the public
records of Seminole County, Florida.
a.
PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRESI
COUNTY FCITY
1 03-20-31-5AY-0000-088A BERNARD &TAMARA 3330 EAGLEWOODS TRL A-1 AG 4.63
1 MCPHERSON I
2 103-20-31-5AY-0000-08801 ALAN H. HERBST
3 103-20-31-5AY-0000-0876 I JAMES T. & SARAH
MURDAUGH
VACANT A-1 I AG I 4.93
VACANT A AG 1.73
ZIJIJ WS RM
CITY OF Item Na.
SNFORD
FLORIDA
CITY COMMISSION MEMORANDUM 21-195
SEPTEMBER 27, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Acting Planning DjoS,---)
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manages''
SUBJECT: Annexation of 11.29 acres located at 3330
Bernard and Tamara McPherson, Alan H.
Murdaugh
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
F-1 Update Regulatory Framework
F] Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
,00ds Trail; Owners
James T and Sarah
A request by the property owners, Bernard and Tamara McPherson, Alan H. Herbst, James T and
Sarah Murdaugh, to voluntarily annex 11.29 acres located at 3330 Eaglewoods Trail, is being
requested.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the three properties together contain one single
family home, one vacant residential lot and agriculture grazing land with the assessed tax value
and total tax bill for 2020 shown below:
Parcel Number
Assessed Value
(2020)
Tax Bill
(2020)
Property Status
03-20-31-5AY-0000-087B
$58,331
$811.58
Vacant Residential
03-20-31-5AY-0000-0880
$1,139
$12.70
Vacant — Agriculture/Grazing
03-20-31-5AY-0000-088A
Unavailable
Unavailable
I One Single Family Home
Upon annexation, it is the applicant's intent to construct a single family residential development.
If annexed, a residential development will have an impact on public facilities and services.
The above referenced properties are located in unincorporated Seminole County on the north side
of Eaglewoods Trail, west of Skyway Drive and east of an unnamed right of way, east of Sipes.
The three properties are located on the east and west of the southern portion of Kentucky Square,
a residential PD in the City of Sanford.
Existing Use
Vacant
Proposed Use
Townhouse Development
Parcel Number
03-20-31-5AY-0000-087B (Parcel 1)
03-20-31-5AY-0000-0880 (Parcel 2)
03-20-31-5AY-0000-088A (Parcel 3)
Parcel Size
1.73 (Parcel 1)
493 (Parcel 2)
4.63 (Parcel 3)
Existing Future Land Use Designation (County)
SE, Suburban Estates
Proposed Future Land Use Designation (Cit)
SE, Suburban Estates
Existing Zoning (Count)
A-1, Ag riculture
Equivalent Zoning (Cit)
I AG, Agriculture
Proposed Zoning (Cit)
I PD, Planned Development
Upon annexation, the property will be in City Commission District 1.
The subject properties are located within sub -area 4 of the 2015 Seminole County/City of Sanford
Joint Planning Agreement. An east -west alignment established by Eaglewoods Trail shall serve as
a dividing line for residential density within Planning Area 4. Properties to the north of this line
shall develop at a maximum of 3.5 units per net buildable acre. Properties lying south of this line
and north of Pineway shall develop at a maximum of 2.5 units per net buildable acre. The subject
property is north of Eaglewoods Trail, and has a Future Land Use designation of County SE,
Suburban Estates. If the property is to be developed at a maximum of 2.5 dwelling units per acre,
a land use amendment to LDR-SF, Low Density Residential Single Family will need to be
accomplished.
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.
Water and reclaim is available from E. Lake Mary Boulevard. Sewer connection shall be to the
existing City lift station on Skyway Drive. The developer shall be responsible for up sizing the
wastewater pumps in the existing lift station and extending all utility lines water, sewer, and
reclaim to the property per the City utility manual specifications and requirements. All impact
and connection fees associated with obtaining utility services from the City shall be the property
owner's responsibility.
The property owners, Bernard and Tamara McPherson, Alan H. Herbst, James T and Sarah
Murdaugh, are requesting annexation to obtain utility services in order to develop a residential
development.
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 approve the first reading of Ordinance No. 4623 on September 13, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on September 19,
2021.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4623.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4623."
Attachments: Ordinance No. 4623
Exhibit "A"