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4733 Annexation 0.51 Acres - 506 Wylly Avenue\0 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2023043539 Bk:10437 Pg:1556-1563(8Pgsl REC: 05/11/2023 3:04:43 PM by cjones RECORDING FEES $69.50 Ordinance No. 2023-4733 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 06-20- 31-503-0700-0070 which is generally addressed as 506 Wylly 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 following is the fee simple title owners of the real property being assigned the following Tax Identification Parcel Number by the Seminole County Property Appraiser: Tax Identification Parcel Number Owners 06-20-31-503-0700-0070 ; and Prolegit LLC and Prolegit Performance LLC Whereas, the subject real property (a site 0.51 acre in size) is addressed as 506 Wylly Avenue and the managers of the subject property are Artem Valitov and Ivan Usepov; 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 11 Page 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: 21 Page 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 Number set forth above and below, together with all rights-of-way of Ponseitta Avenue north of Wylly Avenue, 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 Parcel Identification Number 17-20-31-300-0010-0000 (See Exhibit "A" (map)). , 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 establish an upholstery business. The subject real property has water service available on the south side of Wylly Avenue by means of a 6 -inch water main. There are no water mains located on the east side of Sanford Avenue large enough to support any required fire protection. There is no wastewater service available in this area which service shall be provided by means of the installation of a septic system permitted through the Seminole County Department of Health. 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 understands 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, 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 owners 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 31 Page 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 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 enactment 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. 41 Page 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 8th day of May, 2023. Attest: Traci Houchin, MMC, FCRMJ City Clerk V City Commission of the City of Sanford, Flgrjda . , For use and reliance of the City Commission only. Approved as to form and legality. William L. Colbert, City Attorney I Wood ayor 51 Page EXHIBIT "A" ................ ..................................................................................................................................... ................................................... LEGAL DESCRIPTION: Legal Lots 7 & 8, Block 7, A B RUSSELL S ADD FORT REED , according to the plat thereof as recorded in Plat Book 1 Page 97 of thep ublic records of Seminole County, Florida. -------------------- ..iii mom -------------- M 0 � 1 i MINION PROPERTY I.D.# I PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING I ACRES COUNTY CITY 06-20-31-503-0700-0070 PROLEGIT LLC & 506 WYLLY AVE R-1 SR -1 0.51 PROLEGIT PERFORMANCE LLC Lirnnnnr� �t Lj jj� r . CITY OF ' .x. SkNFORD FLORIDA CITY COMMISSION MEMORANDUM 23-087 MAY 8, 2023 AGENDA WS RM Item No. TO: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP — Director of Planning SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, C�4ager SUBJECT: Annexation of 0.51 acres at project a dress 506 WyI Avenue; Owners: Prolegit LLC & Prolegit rformance 10 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, Prolegit LLC & Prolegit Performance LLC, whose primary managers are Artem Valitov and Ivan Usepov, to voluntarily annex 0.51 acre located at project address 506 Wylly Avenue, is requested. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the property is vacant residential lot with an assessed tax values and total tax bills for 2022 shown below: Parcel Number Assessed Value (2022) Tax Bill (2022) Property Status 06-20-31-503-0700-0070 $45,001 $638 Vacant Residential Upon annexation, it is the applicant's intent to develop the parcel and establish their automotive restoration and upholstery business. If annexed, the proposed use will have minimal impact on public facilities and services. BACKGROUND: The 0.51 -acre site is located in within unincorporated Seminole County on the north side of Wylly Avenue, between Grandview Avenue and Poinsettia Avenue. Existing Use Vacant Residential Proposed Use Automotive Restoration and Upholstery Parcel Number 06-20-31-503-0700-0070 Parcel Sizes 0.51 Acres Existing Future Land Use Designation Count LDR, Low Density Residential Proposed Future Land Use Designation Cit AIC, Airport Industry and Commerce Existing Zoning Count R-1, Single Family Equivalent Zoning Cit SR -1, Single-family Residential Proposed Zoning Cit RI-1,Restricted Industrial 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. UTILITIES: Water is available on the south side of Wylly Avenue via a six-inch water main. There are no water mains located on the east side of Sanford Avenue large enough to support any required fire protection. There is no sewer available in this area. Wastewater shall be via septic system only, permitted through the Seminole County Department of Health. 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's sewer system to accommodate the proposed development will be at 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 is requesting annexation to obtain utility services in order to develop a warehouse with indoor 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. 4733 on April 24, 2023. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on April 30, 2023. RECOMMENDATION: City staff recommends that the City Commission adopt Ordinance No. 4733. SUGGESTED MOTION: "I move to adopt Ordinance No. 4733." Attachment: Ordinance No. 4733 with Exhibit "A".