HomeMy WebLinkAbout4367 Annex 26 Sanford Airport Parcels Ordinance No. 2016-4367
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition 26 parcels of real property owned by the Sanford Airport
Authority (assigned 26 Tax identification Parcel Numbers all of which
are set forth in a table which is part of this Ordinance) located
contiguous to the City of Sanford and located as more specifically
detailed in this Ordinance said annexation occurring in accordance
with the voluntary annexation provisions of Section 171.044, Florida
Statutes, with all of said parcels to be annexed together with
associated rights-of the -ways; redefining the boundaries of the City
of Sanford to include said parcels of real property; amending the
boundaries of the City in accordance with the voluntary annexation
provisions of Section 166.031, Florida Statutes; providing for
a findings; providing for conditions; directing the City Clerk to record
w the ordinance with the Clerk of the Circuit Court, with the Chief
Administrative Officer of Seminole County and with the Department
4 of State; providing for a legal description and a map and providing
U, 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.
x
8 Whereas, the Sanford Airport Authority, a dependent special district of the City of
z the Sanford, applied for annexation of real property into the City of Sanford and is
g hereby determined to be the fee simple title owner of the real property described below;
and
-d
49 Whereas, the said applicant petitioned the City of Sanford, pursuant to Section
CJ0� 171.044, Florida Statutes, for annexation of the said real properly into the municipal
limits of the City of the Sanford; and
U Whereas, the aggregate size of the subject real property is approximately
103.54 acres and is located in various areas as referenced in this Ordinance; and
U
Whereas, the applicant is the fee simple title owner of all 26 parcels being
o described by Tax Identification Parcel Numbers as follows:
a�
Tax Identification Parcel Number Owner
04-20-31-300-0090-0000, Sanford Airport Authority
03-20-31-300-0050-0000,
03-20-31-300-0060-0000,
03-20-31-300-008H-0000,
U
03-20-31-300-008B-0000,
1 Page
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a
03-20-31-5AY-0000-26A0,
03-20-31-5AY-0000-26A1,
03-20-31-5AY-0000-26A3,
03-20-31-5AY-0000-27A2,
03-20-31-5AY-0000-22A0,
03-20-31-5AY-0000-10A0,
03-20-31-5AY-0000-10A1,
04-20-31-300-0320-0000,
04-20-31-300-032A-0000,
04-20-31-300-0330-0000,
04-20-31-300-033A-0000,
03-20-31-5AY-0000-33A3,
04-20-31-300-046A-0000,
08-20-31-300-0390-0000,
08-20-31-300-038D-0000,
06-20-31-503-0500-0100,
06-20-31-503-0400-0070,
06-20-31-503-0700-0010,
06-20-31-503-0700-0020,
06-20-31-503-0700-0040, and
06-20-31-503-0700-0060,
and
Whereas, the above referenced properties are generally located and planned for
development as follows:
(a). 4 parcels are located along Lemon Street 3 of which are assigned the
County R-1, Single Family Residential, zoning classification with a LDR-SF, Low
Density Residential Future Land Use Designation. The fourth parcel is assigned the
County C-2, Commercial, zoning classification with a GC, General Commercial, future
land use designation,
(b). 6 parcels are located along Beardsall Avenue to the south of Don Knight
Lane and on the west side of Beardsall Avenue. The properties are assigned the
County M-1, Industrial, zoning classification with an IND, Industrial, future land use
designation,
(c). 9 parcels are located on Cameron Avenue of which 6 are assigned the
County A-1, Agriculture, zoning classification with an IND, Industrial, future land use
designation, 2 of which are assigned the County M-1, Industrial, zoning classification
with an IND, Industrial, future land use designation, and 1 parcel is assigned the County
A-1, Agriculture, zoning classification with a HIP-AP, High Intensity Planned
Development—Airport, future land use designation,
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(d). 1 parcel is located on east side of Grandview Avenue in the 1600 block
between Lemon Street and Wylly Avenue is assigned the County R-1, Single Family
Residential, zoning classification with a LDR-SF, Low Density Residential, future land
use designation,
(e). I parcel is located on Lake Mary Boulevard south of State Road 46 is
assigned the County A-1, Agriculture, zoning classification with a IND, Industrial, future
land use designation,
(f). 1 parcel is located on Marquette Avenue at the Southwest quadrant of
Marquette Avenue and Sipes Avenue is assigned the County A-1, Agriculture, zoning
classification with an IND, Industrial, future land use designation,
(g). 1 parcel is located in the 3900 block of Moores Station (Oft) Road is
assigned the County A-1, Agriculture, zoning classification with a HIP-AP, High Intensity
Planned Development—Airport, future land use designation,
(h). I parcel is located in the 1600 block of Poinsetta Avenue between Lemon
Street and Wylly Avenue is assigned the County R-1, Single Family Residential, zoning
classification with a LDR-SF, Low Density Residential, future land use designation,
(i). I parcel is located in the 3800 block of State Road 46 to the west of East
Lake Mary Boulevard is assigned the County A-1, Agriculture, zoning classification with
a IND, Industrial, future land use designation, and
0). 1 parcel is located at the corner of Brooks Street and Laura Avenue is
assigned the County A-1, Agriculture, zoning classification with an IND, Industrial, future
land use designation,
and
Whereas, all of the above-listed 26 parcels are located within the Orlando
Sanford International Airport's Airport Layout Plan and City Comprehensive Plan Policy
1-1.6.3, provides that, upon annexation, such annexed parcels will automatically be
assigned the City's RIA, Restricted Industrial, zoning classification and the City's AIC,
Airport Industry and Commerce, future land use designation; and
Whereas, City staff and the Development Review Team (on January 5, 2016)
have reviewed and recommended approval of the annexation of the said real property
to the City Commission of the City of Sanford and has accomplished all actions required
under the Code of the Ordinances of the City of Sanford and controlling State law; and
Whereas, the City Commission, upon the recommendation of the City staff and
the City Attorney, has determined that all of the real property which is proposed to be
annexed into the City of Sanford is within an unincorporated area of Seminole County,
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is reasonably compact and contiguous to the corporate areas of the City of Sanford,
Florida and it is further determined that the annexation of the said real 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
and has, further, determined that associated rights-of-way should be annexed hereby;
and
Whereas, the annexations implemented in this Ordinance are consistent with the
Joint Planning Agreement, dated October 12, 2015, between the City and Seminole
County; and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions in accordance with the requirements and procedures mandated by controlling
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 real property; and
Whereas, the provisions of the 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" and
"B" shows, describes, and depicts the real property and associated rights-of-ways which
are 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:
4 P a g e
Section 1. Legislative and Administrative Findings/Annexation of
Properties.
(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
being specifically described as set forth below, together with all abutting right-of-way
pertaining to said lands in each and every case; to the extent such rights-of-ways are
not currently being located within the City Limits of the City, said property being situated
in Seminole County, Florida, and said property is hereby annexed into and all parcels
are hereby made a part of the City of Sanford, Florida pursuant to the voluntary
annexation provisions of Section 171.044, Florida Statutes:
Section 4, Township 20 South, Range 31 East: The Southeast 1/4 of the Northwest 1/4
of the Northeast 1/4 and the East 25 feet of the Northeast 1/4 of the Northwest 1/4 of
the Northeast 1/4 and the West 25 feet of the South 1/2 of the Northeast 1/4 of the
Northeast 1/4 and the West 50 feet of the North 1/2 of the Northeast 1/4 of the
Northeast'/,
And:
Section 3, Township 20 South, Range 31 East: The North 7 acres of the South 14 acres
of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 West of East Lake Mary
Boulevard, but including said abutting rights-of-way as set forth herein;
And:
Section 3, Township 20 South, Range 31 East: The South 464.2 feet of the West 1/2 of
the Northwest 114 of the Northwest 1/4 (less the North 208 feet of the South 238 feet of
the West 140 feet and the North 113 feet of the West 200 feet and the North 94 feet of
the South 124 feet of the East 456 feet of the West 646 feet of the Northwest 1/4;
And:
Section 3, Township 20 South, Range 31 East: The North 94 feet of the South 124 feet
of the East 456 feet of the West 646 feet of the Northwest 1/4 of the Northwest
And:
Section 3, Township 20 West, Range 31 East: The West 355 feet of the South 158 feet
of the Northwest 1/4 of the Southwest 1/4 of the Northwest
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And:
The West 660 feet of Lot 26A (less the North 20 feet and West 110 feet of the North 90
feet of the South 105 feet), plat of the Plan of Sanford Celery Delta, as recorded at Plat
Book 1, Pages 75 and 76, Public Records of Seminole County;
And:
The West 110 feet of the North 90 feet of the South 105 feet of Lot 26A, plat of the Plan
of Sanford Celery Delta, as recorded at Plat Book 1, Pages 75 and 76, Public Records
of Seminole County;
And:
The North 20 feet of the West 368.16 feet of Lot 26A, plat of the Plan of Sanford Celery
Delta, as recorded at Plat Book 1, Pages 75 and 76, Public Records of Seminole
County;
And:
Beginning 272.12 feet North of the Southwest corner of Lot 27A, run South 81 degrees,
27 minutes, 20 seconds East 372.26 feet, North 115.05 feet, West 368.16 feet to a point
North of the beginning, South 58.29 feet to beginning, plat of the Plan of Sanford Celery
Delta, as recorded at Plat Book 1, Pages 75 and 76, Public Records of Seminole
County Lot 22a Sanford Celery Delta Plat Book 1 Pages 75 And 76;
And:
The East 674.68 feet of Lot 10A (less the North 33 feet), plat of the Plan of Sanford
Celery Delta, as recorded at Plat Book 1, Pages 75 and 76, Public Records of Seminole
County;
And:
Lot 10A (less North 33 feet and East 674.68 feet), plat of the Plan of Sanford Celery
Delta, as recorded at Plat Book 1, Pages 75 and 76, Public Records of Seminole
County;
And:
Section 4, Township 20 South, Range 31 East: The South 18 feet of the North 678 feet
of the East 694.68 feet of the Northeast 1/4 of the Southwest 1/4;
And:
6 1 P a g e
Section 4, Township 20 South, Range 31 East: The South 43 feet of the North 703 feet
of the Northeast 1/4 of the Southwest 1/4 (less the North 18 feet of the East 694.68
feet);
And:
Section 4, Township 20 South, Range 31 East: The North 560 feet of the South 1,935
feet of the East 1/2 of the Southwest 1/4 (less the North 330 feet of the South 1,915 feet
of the East 660 feet);
And:
Section 4, Township 20 South, Range 31 East: The North 330 feet of the South 1,915
feet of the East 660 feet of the Southwest 1/4;
And:
The West 24 feet of the East 105 feet of Lot 34A, plat of the Plan of Sanford Celery
Delta, as recorded at Plat Book 1, Pages 75 and 76, Public Records of Seminole
County;
And:
Section 4, Township 20 South, Range 31 East: The North 132 feet of the East 330 feet
of the Southeast 1/2 of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4;
And:
Section 8, Township 20 South, Range 31 East: The East 683.41 feet of the Northeast
1/4 of the Southeast '/;
And:
Section 8, Township 20 South, Range 31 East: The Northwest 1/4 of the Southeast 1/4
of the Southeast 1/4;
And:
Lots 10 and 11, Block 5, plat of A. B. Russell's Addition Fort Reed, Plat Book 1 Page
97, Public Records of Seminole County;
And:
Lot 7, Block 4, plat of A. B. Russell's Addition Fort Reed, Plat Book 1 Page 97, Public
Records of Seminole County;
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Lot 1, Lot 2, Lot 4 (less West 10 feet) and Lot 6, Block 7, plat of A. B. Russell's Addition
Fort Reed, Plat Book 1 Page 97, Public Records of Seminole County;
all of the said property being located in Seminole County, Florida. (See Exhibit
"A" and "B").
(c). The property owner is responsible for extending any and all required
utilities to the property at its cost. The property owner of the annexed property fully
understands that all of the costs of routing and installing all utility services to the
annexed property that may result and be incurred and the obligation to pay any and all
other applicable fees in any way relating to connection to, and provision of services by,
the City's utility systems shall be borne totally by the property owner.
(d). Under the authority of the 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 the
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 owner of the City of the
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 the Sanford, Florida and the provisions of the
said Chapter 171, Florida Statutes.
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 the
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
81 P a g e
relating to the City Limits said properties to include, but not be limited to, annexed
rights-of-way and natural features.
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
the 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 the
any other Section, sentence, phrase, word, or portion of the 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 8th day of February, 2016.
Attest. City Commi s'on of the City of
Sanford, Flori a
Cynth Porter, City Clerk Jeff ri Mayor
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.
William L. Colbert, City Attorney
91 Page
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