4674 Annexation of 4.74 acres - 921 Vihlen Road\0
Ordinance No. 2022-4674
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLE1
CFN# 2022066869 Bk:10254 Pg:425-433(913gs)
REC: 06/07/2022 9:50:16 AM by koneal
RECORDING FEES $78.00
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Numbers 33-
19-30-5AF-0000-032E, 33-19-30-5AF-0000-0280 and 33-19-30-5AF-
0000-032C which is generally addressed as 921 Vihlen Road 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 is the fee simple title owner of the real property being
assigned the following Tax Identification Parcel Numbers by the Seminole County
Property Appraiser:
Tax Identification Parcel Numbers Owner
33-19-30-5AF-0000-032E, 33-19-30-5AF-0000-0280 Anwer Hussain
and 33-19-30-5AF-0000-032C
ME
Whereas, the subject real property (a site 4.74 acres in size) is located on the
north and east sides of Vihlen Road, 1,262 feet east of Upsala Road and is addressed
as 921 Vihlen Road; 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
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 "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 Vihlen Road abutting the property to the south
and running westward and northward to Upsala Road and all rights of way of Freer
Lane northward until it ceases abutting the Pamala Oaks Phase 2 subdivision, all 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:
Tax identification Parcel Numbers 33-19-30-5AF-0000-032E, 33-19-30-
5AF-0000-0280 and 33-19-30-5AF-0000-032C (See Exhibit "A" (map),
and more specifically described as:
The north 13; of the west 325' of Lot 32, and the east 112 of Lot 28 (less
the east 30'), and Lot 32 (less the north 158.3' of the west 325' and the
west 225' of the south 170.2' and the east 30' and north 13', NEW
UPSALA, according to the plat thereof, as recorded in Plat Book 1, Page
67, Public Records of 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 subdivide the properties into residential 11 lots. Water, sewer and reclaimed
water utility services are available to the proposed development within Vihlen Road to
the south. A 10" water main is available on the south side of Vihlen Road. There is an
existing sanitary manhole located about 100ft from the property. The developer will
need to extend the sewer from the property to the existing manhole per City of Sanford
Utility Manual requirements and specifications. An 8" reclaimed water line is available
directly in front of the subject property along the southern boundary. 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 subject 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 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.
(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
upon passage and adoption.
Passed and adopted this 28th day of February, 2022.
Attest:
Traci Houchin, MMC, FCR
City Clerk
For use and reliance of the San
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
City Commission of the City of
Sanford, Florin
yor
0
WS RM
Item No. 'T C,
CITY COMMISSION MEMORANDUM 22-070
FEBRUARY 28, 2022 AGENDA
To: Honorable Mayor and Members of the Cit it i 'on
PREPARED BY: Eileen Hinson, AICP — Planning Direct
City
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City anager
SUBJECT: Annexation of 4.74 acres located at 921 ihlen Road; (Owner Anwer
Hussain
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
Fj Promote the City's Distinct Culture
F-1 Update Regulatory Framework
Fj Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request by the property owners, Anwer Hussain, to voluntarily annex 4.74 acres located at 921
Vihlen Road, has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, two properties are vacant residential lots and one
homesteaded residential property with the assessed tax values and total tax bills for 2021 shown
below:
Parcel Number
Assessed Value
(2021)
Tax Bill
(2021)
Property Status
33-19-30-5AF-0000-032E
$100
$1.38
Vacant Residential
33-19-30-5AF-0000-0280
$51,088
$704.74
Vacant Residential
33-19-30-5AF-0000-032C
$148,891
$2,053.89
Sin gle"Family Residence
Upon annexation, it is the applicant's intent to subdivide the properties into 11 lots. 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 north and
east sides of Vihlen Road, 1,262 feet east of Upsala Road.
Existing Use
Vacant, Single Family Residence
Proposed Use
Single Family Subdivision
Parcel Number
33-19-30-5AF-0000-032E
33-19-30-5AF-0000-0280
33-19-30-5AF-0000-032C
Parcel Size(s)
0.09 Acres (Parcel 1)
2.33 Acres (Parcel 2)
232 Acres (Parcel 3
Existing Future Land Use Designation (County)
LDR, Low Density Residential
Proposed Future Land Use Designation (City)
LDRSF, Low Density Residential - Single
Family
Existing Zoning (County)
A-1, Agriculture
Equivalent Zoning (City)
AG, Agriculture
Proposed Zoning (City)
PD, Planned Development
Upon annexation, the property will be in City Commission District 4.
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, sewer, and reclaimed water are available to the proposed development within Vihlen Road
to the south. A 10-inch water main is available on the south side of Vihlen Road. There is an
existing sanitary manhole located about 100ft from the property. The developer will need to extend
the sewer from the property to the existing manhole per City of Sanford Utility Manual
requirements and specifications. Finally, an eight -inch reclaim water line is available directly in
front of the subject property along the southern boundary of Parcel 3.
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. Any improvements required to the City lift
station to increase capacity to accommodate the new homes will beat the developer's expense. All
impact and connection fees associated with obtaining utility services from the City shall be the
property owner's responsibility.
The property owner, Anwer Hussain, is 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 approved the first reading of Ordinance No. 4674 on February 14, 2022.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on February 20,
2022.
RECOMMENDATION:
It is staff s recommendation that the City Commission adopt Ordinance No. 4674, to annex 4.74
acres bearing a project address of 921 Vihlen Road as legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4674."
Attachments: Ordinance No. 4674
Exhibit "A"
EXHIBIT "A"
PARCEL 1 LEGAL DESCRIPTION:
PARCEL 2 LEGAL DESCRIPTION:
N 13 Ft of W 325 Ft of Lot 32,
E 1/2 of Lot 28 (LESS E 30 FT)
NEW UPSALA, according to the
NEW UPSALA, according to the
.... ............
plat thereof as recorded in Plat
plat thereof as recorded in Plat
... .
........... ........
........... .......
Book 1, Page 67, of the public
Book 1, Page 67, of the public
........
records of Seminole County, Florida.
records of Seminole County, Florida.
...... .....
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4V (Of-
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F
ME
INA ME
'1109
111110,1M
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1111101 REQUEST
11KNEW-4
PARCEL 3 LEGAL DESCRIPTION:
LOT 32 (LESS N 158.3 Ft of
..... ... W 325 Ft & W 225 Ft OF S
............ I - 4 -W 12-PT RJaW
NEW UPSALA, according to the
P) "Hamm i plat thereof as recorded in Plat
Book 1, Page 67, of the public
records of Seminole County, Florida.
PII Q
ROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS I;1;JNJ :14ilV�A VAkel Z I I
1 133-19-30-5AF-0000-032EI ANWER HUSSAIN 1 3901 W. 1ST ST I A-1 I AG 1 0.09
2 133-1
3 133-19-30-5AF
ANWER HUSSAIN
ANWER HUSSAIN
VACANT I A-1 I AG 1 2.33
921 VIHLEN RD I A-1 I AG 1 2.32