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4635 Annex 21.56 Acres - 2503 & 2485 W. Seminole BlvdGrant Maloy, Clerk Of The Circuit Court & Comptroller Seminole County, FL Inst #2021 f 49783 Book: 10096 Page:965-974; (110 PAGES) RCD: 11/15/2021 3:24:53 PM REC FEE $86.50 Ordinance No. 2021-4635 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Numbers 23- 19-30-300-0040-0000 and 23-19-30-501-0000-0140 which is generally addressed as 2603 and 2485 West Seminole Boulevard located contiguous to the City of Sanford together with associated rights-of- way within the area of the annexed property 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 Numbers by the Seminole County Property Appraiser: Tax Identification Parcel Number Owner 23-19-30-300-0040-0000 Leo C. Trepanier Revocable Trust 23-19-30-501-0000-0140 Triple B Acquisitions, LLC ; and Whereas, the sole member of Triple B Acquisitions, LLC is Richard Arenas of Ft. Myers; and Whereas, the two Tax Parcels are located on the south side of West Seminole Boulevard, west of Oak Drive and north of an unnamed and unopened right- of-way, west of Riverview Avenue; and Whereas, the subject property is approximately 21.56 acres aggregate in size and is generally addressed as 2503 and 2485 West Seminole Boulevard and is located to the west of the northern portion of Venetian Bay, a residential planned development within the jurisdictional limits of the City; and P a g e Book 10096 PaTe 966 Instrument# 20 1149783 Whereas, the 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 not located within any of the overlay zoning districts of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA) associated with the downtown and riverfront, but is located within Sub Area 9 of the JPA and Sub Area 9 dictates that all parcels between the railroad and United States Highway 17-92 (Seminole Boulevard) from Mellonville Avenue to Interstate Highway 4 will be assigned the future land use designation of WDBD, Waterfront Downtown Business District, as they are annexed into the City; 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 2l Page Book 10096 PaTe 967 Instrument# 20 1149783 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 "K 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 Find ings/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 parcels of land assigned the Tax Identification Parcel Numbers set forth above and below, together with all rights-of-way of Seminole Boulevard abutting the subject property and all of the right-of-way of Seminole Boulevard lying tying eastward and westward of the abutting Seminole Boulevard right-of-way and all of the unnamed right- of-way lying southward of the subject property and abutting the subject property, 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 23, Township 19 South, Range 30 East, Seminole County, Florida: Begin 1518' West and 705' North of the South % Section Post, Run West 350' North to South right-of-way of United States Highway 17- 92 (Seminole Boulevard) southerly along said right-of-way to point North of the Point of Beginning, South to Point of Beginning (See Exhibit "K (map) and note annexation of right-of-way herein). Tax Identification Parcel Number 23-19-30-300-0040-0000). QTM 3l Page Book 10096 PaTe 968 Instrument# 20 1149783 In Section 23, Township 19 South, Range 30 East, Seminole County, Florida: Lots 14 to and through 22 and Lots 24 and 25 and the North 1/2 of vacated Street adjacent on South and vacated Street adjacent on West, subdivision of WOLFER'S LAKE VIEW TERRACE, according to the plat thereof as recorded in Plat Book 10, Page 66, of the Public Records of Seminole County, Florida. (See Exhibit "A" (map) and note annexation of right-of-way herein.) Tax Identification Parcel Number 23-19-30-501-0000- 0140). , 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 of the subject real property, it is the property owners' intent to obtain utility services in order to develop a residential development. Potable water for the proposed development will need to be routed from Monroe View Trail along Seminole Boulevard and looped through the development to Narcissus Avenue, and using an 8" minimum 'size water main. The only wastewater connection in this area is a force main. A private lift station would be required to connect to the City wastewater system to the subject property. Reclaimed water is available on the north side of Seminole Boulevard. 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 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 routing any and all lines to the subject property and for providing any necessary facilities and equipment. (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 4 1 P a g e Book 10096 PaTe 969 Instrument# 20 1149783 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. (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 6. 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. -5'-Page 1Page Section 7. Effective Date. upon passage and adoption. Book 10096 Paye 970 Instrument# 20 1149783 This Ordinance shall take effect immediately Passed and adopted this 8th day of November, 2021. Attest: City Commission of the City of Sanford. Florida I , . IMMW4 YR - V, Traci Houchin, MMC, FCRM City Clerk For use and reliance of the San City Commission only. Approved as to form and legality. 6 P a g e ORZ) Crry CommissioN MEMORANDUM 21-239 NOVEMBER 8, 2021 AGENDA Book 10096 PaTe 971 Instrument# 20 1149783 WS RM Item No. I -e -1 - To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP — Acting Planning Director SuBmwreD By: Norton N. Bonaparte, Jr., City Manager SUBJECT: Annexation of 21.56 acres located at 2503 and 2485 West Seminole Boulevard; Owners Leo Trepanier Revocable Trust, and Triple B Acquisitions LLC. 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, Leo Trepanier Revocable Trust, and Triple B Acquisitions LLC, to voluntarily annex 21.56 acres located at 2503 and 2485 West Seminole Boulevard, has been received. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, one property is vacant waterfront lot and vacant commercial with the assessed tax value and total tax bill for 2020 shown below: Parcel Number Assessed Value Tax Bill Property Status (2020) (2020) 23-19-30-300-0040-0000 $199,823 $2,780 Vacant Waterfront 23-19-30-501-0000-0140 $470,274 $6,543 Vacant — Commercial Upon annexation, it is the applicant's intent to construct a townhome development. If annexed, a residential development will have an impact on public facilities and services. BACKGROUND: The above referenced properties are located in unincorporated Seminole County on the south side of West Seminole Boulevard, west of Oak Drive and north of an unnamed, unopened right of way, west of Riverview Avenue. The two properties are located to the west of the northern portion of Venetian Bay, a residential PD in the City of Sanford. Book 10096 PaTe 972 Instrument# 20 1149783 Existing Use Vacant Proposed Use Townhouse Development Parcel Number 23-19-30-300-0040-0000 23-19-30-501-0000-0140 Parcel Size(s) 15.10 Acres (Parcel 1) 6.46 Acres (Parcel 2) Existing Future Land Use Designation (County) SE, Suburban Estates, COM, Commercial, LDR, Low Density Residential Proposed Future Land Use Designation (City) Waterfront Downtown Business District Existing Zoning (County) A-1, Agriculture; C-1, Retail Commercial; R -IA, Sin le Family Dwelling District Equivalent Zoning (City) AG, Agriculture; GC -2, General Commercial; SR- I A, Single -Family Dwelling Residential Proposed Zoning (City) PD, Planned Development Upon annexation, the property will be in City Commission District 2. 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 for this development will need to be routed from Monroe View Trail along Seminole Boulevard and looped through the development to Narcissus Avenue, 8" minimum size WM. The only wastewater connection in this area is a force main. A private lift station would be required to connect to the City wastewater system. Reclaim is available on the north side of Seminole Blvd. The developer shall be responsible for up sizing existing utilities required to meet all utility specifications at their cost. All utility lines, water, sewer, and reclaim shall be installed 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, Leo Trepanier Revocable Trust, and Triple B Acquisitions LLC, are requesting annexation to obtain utility services in order to develop a residential development. LEGAL RE:viF-w: 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 approved the first reading of Ordinance No. 4635 on October 25, 2021. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on October 31, 2021. Book 10096 Paye 973 Instrument# 20 1149783 RECOMMENDATION: It is staffs recommendation that the City Commission adopt Ordinance No. 4635. SUGGESTED MOTION: "I move to adopt Ordinance No. 4635." Attachments: Ordinance No. 4635 Exhibit "A"