4770 Annexation of 4.67 Acres - 3539 Marquette AvenueOrdinance No. 2024-4770
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 03-20-
31-5AY-0000-034B) which is generally addressed as 3539 Marquette
Avenue, 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 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
Florida Department of State; providing for a 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
03-20-31-5AY-0000-0348
; and
S R Plumbing, LLC
Whereas, the subject real property (a site 4.67 acres in size) is addressed as
3539 Marquette Avenue and is located on the south side of Marquette Avenue,
approximately 1,000 feet west of its intersection with Skyway Drive; and
Whereas, the property owner, S R Plumbing, LLC, is a Florida limited liability
company whose managers/members are Samuel Rivera and Abigail Colon; 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
CLERK OF CIRCUIT COURT & COMPTROLLER 11 P a e
CFN# 2024022240 Bk: 10594 Pg:916-926(1I Pgs)
REC: 03/1212024 4:21:38 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:
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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
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 Number 03-20-31-5AY-0000-034B. (See Exhibit
"A" (map)) and described as:
The west Y2 of Lot 34, SANFORD CELERY DELTA, according to the plat
thereof as recorded in Plat Book 1, Page 75 and 76, of the Public Records
of Seminole County, Florida.
together with all right-of-way of Marguette Avenue north and east of the above property
to the intersection with Skyway Drive, all unnamed right-of-way abutting the western
boundary of the above described property and all right-of-way of East Lake Mary
Boulevard south of the above-described property eastward through the intersection with
Skyway Drive, 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 establish office/warehouse with outdoor storage uses associated with its
plumbing business. The subject property has City water and sewer services available.
Water is available by means of a 12" water main, and sewer is available by means of a
20" force main, both located on the north side of Marquette Avenue. In order to connect
to the force main, the annexed site will require a lift station to connect to the City
wastewater system. Reclaimed water service is not available to the annexed property.
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
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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 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
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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 11th day of March, 2024.
Attest: City Commission of the City of
Sanfor , Flori a
Traci Houchin, MMC, FCRM r Art Woo ruff
City Clerk Mayor
For use and reliance of the Sa ford �
City Commission only.
Approved as to form and legality.
oillriamL. Colbert, Ci a`'`ttorney
C44
AM
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EXHIBIT "A"
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PROPERTY I.D.# I PROPERTY OWNER
03-20-31-5AY-0000-0348 I PERSAUD FAMILY
I REVOCABLE TRUST
PROPERTY ADDRESS
3539 MARQUETTE AVE
PROPERTY ZONING ACRES
COUNTY CITY
A-1 I AG 4.57
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 3539 Marquette Avenue:
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.
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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 water and sewer. It is the applicant's intent to eventually
establish an Office/Warehouse with Outdoor Storage. The proposed use, if established
would provide an opportunity to bring additional well -paying jobs to Sanford.
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 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:
It is impossible to quantify any potential regulatory costs of the proposed development.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
It is unknown if any businesses will be impacted by the development of the site.
7. Additional information
Not applicable.
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WS RM X
Item No. -7. f
CITY COMMISSION MEMORANDUM 244376
MARCH 1 1 , 2024 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, ager
SUBJECT: Annexation of 4.67 acres at proje address 3539 arquette Avenue;
Property Owner: SR Plumbing LC
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, SR Plumbing LLC, to voluntarily annex 4.67 acres located at
project address 3539 Marquette Avenue, has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the property is a vacant residential lot with an
assessed tax value and total tax bill for 2023 shown below:
Parcel Number
Assessed Value (2023)
Tax Bill (2023)
Property Status
03-20-31-5AY-0000-034B
$1,125
$11.74
Vacant
Residential
Upon annexation, it is the applicant's intent to establish Office/Warehouse with Outdoor Storage
associated with their plumbing business. If annexed, the property would be assessed at the City's
millage rate and generate additional ad valorem taxes. The business impact statement required by
Section 166.041(4)(a), Florida Statutes, is attached.
BACKGROUND:
The 4.67 -acre site is located in within unincorporated Seminole County on the south side of
Marquette Avenue, approximately 1,000 feet west of its intersection with Skyway Drive.
Existing Use
Vacant Residential
Proposed Use
Restricted Industrial
Parcel Number
03-20-31-5AY-0000-034B
Parcel Sizes
4.67 Acres
Existing Future Land Use Designation (County)
HIP -AP, High Intensity Planned
Development Target Industry
Proposed Future Land Use Designation Cit
AIC, Airport Industry and Commerce
Existing Zoning (County)
A-1, Ag riculture
Equivalent Zoning Ci
AG, Ag riculture
Proposed Zoning Ci
PD, Planned Development
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:
The subject property has water and sewer available. Water is available via a 12 -inch water main,
and sewer is available via 20 -inch force main, both on the north side of Marquette Avenue. To
connect to the force main, the industrial site will need a lift station to connect to the City
wastewater system. Reclaim water is not available.
The developer shall be responsible for upsizing 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 to develop the site with
Office/Warehouse with Outdoor Storage.
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. 2024-4770 on February 26,
2024.
The City Clerk published notice of the 2°a Public Hearing in the Sanford Herald on March 3, 2024.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2024-4770.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4770."
Attachments: Ordinance No. 2024-4770
Exhibit "A"
Fiscal Impact Statement