4767 Annexation of 2.69 Acres - 2900 West Airport BoulevardOrdinance No. 2024-4767
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcels 35-19-30-
5CH-0000-0590 and 34-19-30-300-019A-0000 which are generally
addressed as 2900 West Airport Boulevard, and associated rights-of-
way, located contiguous to the City of Sanford 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
35-19-30-5CH-0000-0590 and Habitat For Humanity of Seminole 34
19-30-300-019A-0000 County and Greater Apopka, Florida,
Inc., a Florida not for profit corporation.
EM
Whereas, the subject real property (a site 2.69 acres in size) is addressed as
2900 West Airport Boulevard and is located west of West Airport Boulevard and north of
Martin Luther King Jr. Boulevard; 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 ,, ` o e
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2024022239 Bk:10594 Pg:905-915(11Pgs)
REC: 03/12/2024 4:21:37 PM by jeckenroth
RECORDING FEES $95.00
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.
; 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:
_. _ _ 2
'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
parcels of land assigned the Tax Identification Parcel Numbers set forth above and
below, said property being situated in Seminole County, Florida:
Tax Parcel Identification Numbers 35-19-30-5CH-0000-0590 and 34-19-
30-300-019A-0000. (See Exhibit "A" (map)).
together with all right-of-way of Martin Luther King Boulevard eastward and northward
of the subject property which abuts the property and all right of Martin Luther King
Boulevard southward of the property to Country Club Road eastward and westward of
the property to the City Limits, 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 to
develop the site into a townhome community for Habitat for Humanity with no
commercial activity. City water, sewer and reclaimed water utility services are located
on the south end of the subject property within Airport Boulevard rights of way. Potable
water is available by means of a 10" ductile iron pipe. Sewer service is available by
means of a 12" force -main at the south end of the property side of Lake Mary Boulevard
by means of a 12" PVC water main. Reclaimed water service is available by means of a
16" ductile iron pipe to the south. The property owner shall be responsible for all impact
and connection fees associated with obtaining utility services from the City and to
extend such utility services to the property to the extent that such utilities are available.
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 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
_ _ _ 31P_age
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.
Section 5. Severability. If any section, sentence, phrase, word, or
portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said
4
) P a g e.
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 11th day of March, 2024.
Attest:
L6 LL f.), N M 0 F,(( k
Traci Houchin, MMC, FCRM
City Clerk
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
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City Commission of
Samford, Florida
Art W6ddruff
Mayor
City of
51 Page
* I PROPERTY I.D.#
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EXHIBIT "A"
PARCEL I LEGAL DESCRIPTION:
E 147 Ft of Lot 59 (LESS RD)
M M SMITHS 2ND SUBD,
according to the plat thereof as
recorded in Plat Book 1, Page
100, of the public records of
Seminole County, Florida &
SEC 34 TWP 19S RGE 30E BEG
16.5 CH N & 5 CH W of SE COR
RUN N 415.5 Ft W 50 Ft S 80 Ft
W 148 Ft S 335 Ft E 198 Ft to BEG
(LESS RD
PARCEL 2 LEGAL DESCRIPTION:
SEC 34 TWP 19S RGE 30E
BEG 1079.05 Ft N & 198 Ft W of
SE Corner Run SWLY along
curve 20.13 Ft S 79 DEG 59 MIN
48 SEC W 45.47 Ft NWLY along
curve 91.43 Ft N to SLY R/W
BUNGALOW BLVD E along SLY
RM/ to a PT N OF Beg S to Beg
(LESS RD)
O's ED
c \=
•
-IV to d V -LV&
1 135-19-30-5CH-0000-0590
2 134-19-30-300-019A-0000
....... ..........
..............
.... . .............
..........
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. ................................. .............. .
PROPERTY OWNER I PROPERTYADDRESS I PROPERTY ZONING I ACRES
COUNTY I CITY
HABITAT FOR HUMANIT W. AIRPORT BLVD A-1 AG 1.55
OF SEMINOLE COUNTY
& GREATER APOPKA FL W. AIRPORT BLVD A-1 AG 1.30
INC
IBM
III
....... ..........
..............
.... . .............
..........
.................
. ................................. .............. .
PROPERTY OWNER I PROPERTYADDRESS I PROPERTY ZONING I ACRES
COUNTY I CITY
HABITAT FOR HUMANIT W. AIRPORT BLVD A-1 AG 1.55
OF SEMINOLE COUNTY
& GREATER APOPKA FL W. AIRPORT BLVD A-1 AG 1.30
INC
FLORIDA
Business Impact Estimate
This form should be included in agenda packet for the item under which the proposed ordinance
is to be considered, and must be posted on the City's website by the time notice of the proposed
ordinance is published.
Annexation of real property located at project address 2900 West Airport Boulevard has
been received. The applicants intent is to establish townhomes.
The City is of the view that the following exception(s) to the Business Impact Estimate
requirement, that are checked off in a box below, apply to the above -referenced proposed
ordinance. Although, the City is implementing the procedure required by statutory law to
ensure that no inadvertent procedural issue could impact the enactment of the proposed
ordinance.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant, or other
financial assistance accepted by the
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
® The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
I I P a g e
In accordance with the provisions of controlling law, even notwithstanding the fact that,
an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare):
The proposed ordinance is intended to incorporate the subject property into the City of
Sanford in order to obtain utilities. It is the applicant's intent to eventually establish
townhomes. The proposed use, if established would provide affordable housing for the
City's growing population.
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City:
When annexed into the City, the property will be assed the City of Sanford Millage rate
and will result in additional Revenue to the City.
3. Estimate of direct compliance costs that businesses may reasonably incur:
The applicant will be responsible for all permitting and impact fees.
4. Any new charge or fee imposed by the proposed ordinance:
When annexed into the City, the property will be assed the City of Sanford Millage rate in
addition to the County Taxes.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
Unknown
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
It is anticipated that the new residences will create more demand for goods and
services but it is unknown to what extent.
7. Additional information
Not applicable.
21_Page
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4�I VORp
CITY 'SkNFORD
OF
T. 118! FLORIDA
CITY COMMISSION MEMORANDUM 24.073
MARCH 11, 2024 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Darren Ebersole. Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Annexation of 2.69 Acres at project add s est E
Owner; Habitat for Humanity of S mole County & f
Inc.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM X
Item No.-]. A _1
fort Boulevard;
ater Apopka FL
A request by the property owner, Habitat for Humanity of Seminole County & Greater Apopka FL
Inc. to voluntarily annex 2.69 acres located at project address 2900 West Airport Boulevard has
been received.
FISCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the property is vacant and classified as vacant
residential with an assessed tax value and total tax bill for 2023 shown below:
Assessed Tax Bill
Parcel Number Value (2023) Property Status
2023
35-19-30-5CH-0000-0590 $114,660 $0.00 Vacant Residential
34-19-30-300-019A-0000 $79,500 $0.00 Vacant Residential
Upon annexation, it is the applicant's intent to develop the site into a townhome community for
Habitat for Humanity with no commercial activity. When annexed, the proposed use will have an
impact on public facilities and services. The business impact statement required by Section
166.041(4)(a), Florida Statutes, is attached.
No additional staffing is anticipated if the annexation is approved.
BACKGROUND:
The two parcels, totaling 2.69 -acres, are located in unincorporated Seminole County west of West
Airport Boulevard and north of Martin Luther King Jr. Boulevard.
Existing Use
Vacant Residential
Proposed Use
Townhomes
Parcel Number(s)
35-19-30-5CH-0000-0590
34-19-30-300-019A-0000
Parcel Sizes
2.69 Acres
Existing Future Land Use Designation (County)
LDR, Low Density Residential
Proposed Future Land Use Designation Ci
GC, General Commercial
Existing Zoning (County)
A-1, Ag riculture
Equivalent Zoning (City)
AG, Agriculture
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.
City water, sewer, and reclaim water are located on the south end of the property within Airport
Boulevard. Water is available via a 10 -inch, ductile iron pipe. Sewer is available via a 12 -inch
force -main at the south end of the property side of Lake Mary Boulevard via a 12 -inch PVC water
main. Reclaim water is available via a 16 -inch, ductile iron pipe to the south. The property owner
shall be responsible for all impact and connection fees associated with obtaining utility services
from the City and to extend such utility services to the property to the extent that such utilities are
available.
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. 2024-4767 on February 26,
2024.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on March 3, 2024.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2024-4767.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4767."
Attachments: (1). Ordinance No. 2024-4767
(2). Exhibit "A"
(3). Business Impact Statement.