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Ordinance No. 2022-4717
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 26-19-
30-5AE-340A-0000) which is generally addressed as 275 Meisch 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 fee simple title owner of the real property being annexed into
the City is DCBC Land Development LLC, ("Property Owner") and the subject real
property has been assigned Tax Identification Parcel Number 26-19-30-5AE-340A-0000
by the Seminole County Property Appraiser; and
Whereas, Matthew O'Kane is the Registered Agent and Chai, David is the
Manger, of DCBC Land Development LLC; and
Whereas, Chai, David. is serving as the applicant and representative of the
Property Owner; and
Whereas, the subject real property (a site 0.99 acre in size) is located in an
unincorporated area of Seminole County east side of Meisch Road, south of West State
Road 46 and north of West 5th Street; 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
1IPage
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:
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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 26-19-30-5AE-340A-0000, together
with all rights-of-way of Meisch Road 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
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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
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upon passage and adoption.
Passed and adopted this 24th day of October, 2022.
Attest: City Commission of the City of
Sanford. Florida_ / L
al -D
By: tl�0�6 By
Traci Houch*n, MC, FCRM Art
Cle kms, Ma
(i�s(
For and reliance of the Sa - rd
City Commission only.
Approved as to form and legality.
William L. Colbe
City Attorney
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CITY OF � Item No. 1 rT
SkNFORD
FLORIDA
CITY COMMISSION MEMORANDUM 22-254
OCTOBER 24, 2022 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Director of Planning
SUBMITTED BY:
SUBJECT:
Norton N. Bonaparte, Jr., City Manager
Annexation of 0.99 acres located at project address 275 Meisch Road;
Owner: DCBC Land Development 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 owner, DCBC Land Development LLC, to voluntarily annex 0.99 acres
located at project address 275 Meisch Road has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is assessed as single-family.
Based on the 2021 property tax roll, the property has an assessed value of $68,551. The total tax
bill for the property in 2021 was $452. 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
property 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 east side of
Meisch Road, south of West State Road 46 and north of West 5"' Street. This parcel is an enclave
and contiguous on all four sides.
Existing Use
Single Family
Proposed Use
Single Family
Parcel Number
26-19-30-5AE-340A-0000
Parcel Size
0.99 Acres
Existing Future Land Use Designation (County)
HIP -TI, High Intensity Planned
Development — Target Industry
Proposed Future Land Use Designation (City)
WIC, Westside Industry and Commerce
Existing Zoning (County) A-1, Agriculture
Proposed Zoning (City) I AG, Agriculture
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.
The property is within Planning Sub Area 8 of the 2015 Seminole County/City of Sanford Joint
Planning Area. All lands in this area annexed by the City subsequent to the JPA have received land
use designations of Westside Industry Commerce, one of the City's equivalent designations to
HIP -TI. City and County Comprehensive Plan policies for this area are very similar. The City's
densities and floor areas are slightly less intense than the County's.
Both, the County and the City will continue to ensure that the area is developed consistent with
their mutually agreed upon standards and policies. This area should be reserved for target industry
and SunRail supporting development as there is limited vacant acreage available on which target
industry will site. Single-family and low or medium density residential developments are not
compatible within this area.
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 owner, DCBC Land Development, LLC are requesting annexation to develop the
property with a warehouse to be used for manufacturing.
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. 4717 on October 10, 2022.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on October 16,
2022.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4717, to annex 0.99
acres at project address 275 Meisch Road as legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4717."
Attachments: Ordinance No. 4717
Exhibit "A"
EXHIBIT "A"
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........................... LEGAL DESCRIPTION:
1 Acre SQ in NW corner of S 450 FT
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of Block 34 M M SMITHS SUBD
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according to the plat thereof as
recorded in Plat Book 1 Page 55
of the public records of Seminole
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.... County, Florida.
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ANNEXATION
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PROPERTY I.D.# I PROPERTY OWNER
26-19-30-5AE-340A-0000 I DCBC LAND
DEVELOPMENT LLC
PROPERTY ADDRESS
275 MEISCH RD
PROPERTY ZONING ACRES
COUNTY CITY
A-1 I AG 0.99