4737 Annex 0.55 acres - 4061 West State Road 46GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2023048763 Bk:10446 Pg:1091-1098(8Pgs)
REC: 05/26/2023 1:28:55 PM by smaguire
RECORDING FEES $69.50
Ordinance No. 2023-4737
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 28-19-
30-506-0000-009A which is generally addressed as 4061 West State
Road 46 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 Number by the Seminole County
Property Appraiser:
Tax Identification Parcel Number Owner
28-19-30-506-0000-009A
; and
TG Property Holdings LLC
Whereas, the subject real property (a site 0.55 acre in size) is addressed as
4061 West State Road 46 and the members of the subject property are Hector Perez
and Gladys Perez 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
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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 following
parcel of land assigned the Tax Identification Parcel Number set forth above and below,
together with all rights-of-way of West First Street (State Road 46) north and west and
east of the below described property until reaching the City Limits of the City, all right of
way of Upsala Road south of State Road 46 and north of Smith Canal road and all right
of way of Monroe Road north of State Road 46 until reaching the City Limits of the City
north of Narcissus 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 28-19-30-506-0000-009A (See Exhibit
"A" (map)) and described as:
The East 110' of the North 225' of Lot 9, SMITHS 3RD SUBD, according
to the plat thereof ,as recorded in Plat Book 1, Page 86, of the 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 connect to the City's water facilities the subject parcel currently being
developed as buildings both of which are occupied by separate businesses. There is no
wastewater service or reclaimed water service available to the subject property. 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.
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(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 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.
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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 22nd day of May, 2023.
Attest: City Com issi n of the City of
Sanford, FI r�c�a //I
&&*
Traci Houchin, MMC, FCRM7"—
. Art.,Woodruff
City Clerk 4 Mayor
�
For use and reliance of the Sanfo
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
51 Page
EXHIBIT "A"
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LEGAL DESCRIPTION:
E 110 Ft of N 225 Ft of Lot 9, SMITHS
;::............ 3RD SUBD, according to the plat
NARCISSUS AV .... thereof as recorded in Plat Book 1,
. Page 86, of the public records of
Seminole County, Florida.
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ANNEXATION
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W 1ST ST (SR 46) REQUEST
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PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES
COUNTY CITY
28-19-30-506-0000-009A TG PROPERTY 4061 W. 1 ST ST PD PD 0.55
HOLDINGS, LLC
j ws RM
• CITY OF 1 Item No.
SkNFORD
FLORIDA
CITY COMMISSION MEMORANDUM 23- 096
MAY 22, 2023 AGENDA
To:
PREPARED BY:
SUBMITTED BY:
SUBJECT:
Honorable Mayor and Members of the City Commission
Eileen Hinson, AICP, Planning Dire
Norton N. Bonaparte, Jr., ICMA-CIV
Annexation of 0.55 Acres located at
Owner: TG Property Holdings 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, TG Property Holdings LLC, to voluntarily annex 0.55 acres
located at project address 4061 W. State Road 46 has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject parcel contains two buildings, which
are occupied by two separate businesses with the assessed tax value and total tax bill for 2022
shown below:
Parcel Number
Assessed Value
Tax Bill
Property Status
Parcel Number
(2022)
(2022)
28-19-30-506-0000-009A
$357,090
$4,788
Warehouse / Distribution
Upon, annexation, it is the applicant's intent to connect to the city water. Annexation of the
property will result in additional tax revenue to the City.
No additional staffing is anticipated if the annexation is approved.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the south side of
I` Street, east of Upsala Road.
Existing Use
Warehouse Distribution & Storage
Proposed Use
Warehouse Distribution & Storage
Parcel Number
28-19-30-506-0000-009A
Parcel Size
0.55 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)
PD, Planned Development
Equivalent Zoning (City)
PD, Planned Development
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.
UTILITIES:
City sewer and reclaim is unavailable for this property. There is a 10 -inch water main located on
the south side of State Road 46. The developer is required to connect to water in accordance with
Utility Manual specifications, and pay all required permitting and connection fees.
The developer shall be responsible for up sizing existing utilities required to meet all utility
specifications at its 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, TG Property Holdings LLC, is requesting annexation to obtain utility
services.
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 Ordinance No. 4737 on the first reading on May 8, 2023.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on May 21, 2023.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4737.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4737"
Attachments: (1) Ordinance No. 4737.
(2) Exhibit "A".