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4689 Annexation of 4.33 Acres - 2915 Marquette AvenueOrdinance No. 2022-4689 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 03-20- 31-5AY-0000-036A) which is generally addressed as 2915 Marquette Avenue 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 fee simple title owner of the real property being annexed into the City is Fastenal Company, a Minnesota company, ("Property Owner") and the subject real property has been assigned Tax Identification Parcel Number 03-20-31- 5AY-0000-036A by the Seminole County Property Appraiser; and Whereas, Walter Tate is the primary manager and Daniel L. Florness is the Director, President and Chief Executive Officer of Fastenal Company; and Whereas, Cara Leuck, P.E. with Anchor Construction, an Indiana limited liability company, is serving as the applicant and representative of the Property Owner; and Whereas, the subject real property (a site 4.33 acre in size) is located in an unincorporated area of Seminole County on the south side of Marquette Avenue and east of Sipes Avenue and is addressed as 2915 Marquette Avenue; 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, GRANT MALOY, SEMINOLE COUNTY 1 I P `� } CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2022057202 Bk:10238 Pg:411-419(9Pgs) REC: 05/12/2022 11:17:35 AM by mjenkins RECORDING FEES $78.00 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 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. IM Whereas, the map and the legal descriptions 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: 2 1 P a g e 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 parcel of land assigned the Tax Identification Parcel Number 03-20-31-5AY-0000-036A, together with all rights -of -way of Marquette Avenue to the extent such right-of-way is not currently located within the City Limits of the City, said property being situated in Seminole County, Florida, 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 Owner's intent to combine the parcels with other adjoining parcels owned by the Property Owner that were recently annexed into the City and to develop the site as a large industrial project. 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, extending, connecting, sizing 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 Owner shall be responsible for any and all costs and expenses relating to the routing any and all lines to the Property and for providing any necessary facilities and equipment including, but not limited to, the granting of utility easements to the City as may be determined to be necessary by the City. 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 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 3 1_Page 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. Also, in accordance with the provisions of Section 171.091, Florida Statutes, a copy of the document submitted to the Florida Department of State 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. 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 4 1 P a g e upon passage and adoption. Attest. Passed and adopted this 9th day of May, 2022. City Commission of they City of Sanford, Florida / ,, // , By: ' '� By: � Traci Houchin, MMC, FCR ` , w ;�; Art WC City Clerk ' R'<=fit-•-`5 Mayor For use and reliance of the,'S. hford City Commission only. Approved as to form and legality.` By: William L. Colbert City Attorney 5 1 P a g e EXHIBIT "A" ........................................................... . • • • • • • • • • • .���� ......, tii�ii' rww �iiiiY111Y��YYYY .... .. .. ............. r.�. ................ .............. mow• wwr............... iiY ..iY .... �..... _.. yi:: ::.:........ .. .. .. ... ......... . ............. .......... ................. . ....... ............................. ............................. . ................................. . ....................... .... ........... ............ ........ u LEGAL DESCRIPTION: W 1/2 of Lot 35 (LESS BEG SW COR RUN N 634.86 FT E 20.50 FT S 634.91 FT W TO BEG), 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. PROPERTY I.D.# I PROPERTY OWNER 03-20-31-5AY 0000-035A1 FASTENAL COMPANY ............................................................ ............................................................ ANNEXATION 'IREQUEST .......... : . . . . . . . . . . . . . . : : : : : : E LAKE MARY BLVD .......:.:..... PROPERTY ADDRESS 2915 MARQUETTE AVE PROPERTY ZONING ACRES COUNTY CITY A-1 I AG 4.33 -, S�p1?ORD 1 • EST. 1� •. ,, CITY COMMISSION MEMORANDUM 22.141 MAY 9, 2022 AGENDA To: PREPARED BY: SUBMITTED BY: SUBJECT: Honorable Mayor and Members of the City Commission Eileen Hinson, AICP — Director of Planning /L'Z W S RM _X_ Item No.17 . D Norton N. Bonaparte, Jr., ICMA-CM, City Mager Annexation of 4.33 acres located at project address 29 Marquette Avenue; Owner: Fastenal Company 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, Fastenal Company, to voluntarily annex 4.33 acres located at project address 2915 Marquette Avenue has been received. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the subject property is assessed as vacant industrial. Based on the 2021 property tax roll, the property has an assessed value of $113,740. The total tax bill for the property in 2021 was $1,720. If annexed, the property would be assessed the City's millage rate and generate revenue. Upon, annexation, it is the applicant's intent to incorporate this parcel into the overall development for industrial purposes which would require a rezone and land use amendment, which will facilitate new non-residential construction and additional tax revenue to the City. BACKGROUND: The above referenced property is located in unincorporated Seminole County on the south side of Marquette Avenue and is approximately 680 feet east of Sipes Avenue. On March 11, 2019, the City Commission approved Ordinance No. 4495 annexing 29.45 acres located at 3032 E. Lake Mary Boulevard for the Fastenal Company. On January 27, 2020 Ordinance No. 4537 annexed an additional 0.56 acres at 3525 Sipes Avenue. This 4.33 acre parcel located on Marquette Avenue will also become part of the overall development for the Fastenal Company. Existing Use Vacant Industrial Proposed Use Light Industrial Parcel Number 03-20-31-5AY-0000-035A Parcel Size 4.33 Acres Existing Future Land Use Designation (County) HIP -AP, High Intensity Planned Development — Airport Proposed Future Land Use Designation (City) AIC, Airport Industry and Commerce Existing Zoning (Count) A-1, A iculture Proposed Zoning (City) AG, Agriculture Upon annexation, the property will be in City Commission District 1. 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. The property is within Planning Sub Area 4 of the 2015 Seminole County/City of Sanford Joint Planning Area. An east -west alignment established by Eaglewoods Trail serves as the dividing line for residential density within Planning Sub Area 4. Properties to the north of the line shall develop at a maximum of 3.5 units per net buildable acre and properties lying south of the line and north of Pineway shall develop at a maximum of 2.5 units per net buildable acre. These densities shall not apply to properties currently assigned the County HIP -AP Future Land Use designation. Future expansion of the Orlando -Sanford International Airport property and runways shall be focused to the east and south to minimize airport noise and development impacts to urban residential areas to the north and west. Lands annexed near or adjacent to the airport shall be assigned land use designations compatible with the Airport Master Plan and in a manner consistent with the joint planning agreement established with Seminole County. 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, Fastenal Company are requesting annexation to develop the property in conjunction with the recently annex 30.1 acres of property that was recently annexed into the City. LEGAL REYIEW: 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 Ordinance No. 4689 on the first reading on April 25, 2022. The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on May 1, 2022. RECOMMENDATION: It is staff s recommendation that the City Commission adopt Ordinance No. 4689. SUGGESTED MOTION: "I move to adopt Ordinance No. 4689." Attachments: Ordinance No. 4689 Exhibit "A"