HomeMy WebLinkAbout4443 Annex Brisson Investments 2830 Pine WayI
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Ordinance No. 20184443 t{ E("ADRDtED ��.=f'< 9/2131 1
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An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 17-20-
31-300-001 B-0000 generally addressed as 2830 Pine Way located
contiguous to the City of Sanford in accordance with the voluntary
annexation provisions of Section 171.044, Florida Statutes, together
with associated rights -of -ways; redefining the boundaries of the City
of Sanford to include said property; amending the boundaries of the
City in accordance with the voluntary annexation 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, Brisson Investments, LLC (whose managers and members are
Sadique Jaffer, Ashu Luth,ra and Rob Zlatk,ss; applied for a^nexatio;; of property i;;tc
the City of Sanford and is hereby determined to be the fee simple title owner of the real
property described below; and
Whereas, the said applicant petitioned the City of Sanford, pursuant to
Section 171.044, Florida Statutes, for , annexation of said . ,property into the municipal
'limit's of the City of Sanf6rd; and I ' I ' '
Whereas, the subject property is approximately 10.5 acres in size and is
generally addressed as 2830 Pine Way; and
Whereas, the subject property is located on the north side of Pine Way and
approximately 661 feet east of Sipes Avenue and west of Wyndham Preserve; and
Whereas, the applicant is the fee simple title owner of all of said property
being described by Tax Identification Parcel Number as follows:
Tax Identification Parcel Number Owner
17-20-31-300-001 B-0000
; and
Brisson Investments, LLC
Whereas, upon annexation, it is the intent of the property owner to develop
the property as a subdivision consisting of 26 dwelling units which is the maximum
allowed density as set forth in the 2015 Seminole County/City of Sanford Joint Planning
Agreement; and
Whereas, City staff and the Development Review Team (on December 5,
2017) have 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 arid 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 and has,
further, determined that associated rights-of-way should be annexed hereby; and
Whereas, the City Commission of the City of Sanford, Florida has taker, 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.
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Whereas, the map and the legal description attached hereto as Exhibit "A"
shows, describes, and depicts the 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:
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
parcel of land assigned the Tax Identification Parcel Number as set forth above and
being specifically described as set forth below, all of said property being situated in
Seminole County, Florida:
Section 8, Township 20 South, Range 31 East: The Southwest 1/4 of the
Southeast 1/^ of the Northeast 1/^. (See E;hibit "A").
, and all of said property and aforementioned rights-of-way are 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). The property owner shall be responsible ' for `all impact and
connection fees associated with obtaining utility services from the City to the
annexed property and to extend such utility services to the annexed property to
the extent that such utilities are not available. The property owner of the annexed
property fully understands that they and its transferees and assigns shall incur
any and all of the costs of routing 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. Utility services are not
readily available. Indeed, the property owner of the annexed property shall tie
into the existing lift station for Wyndham Preserve at the time of development and
the costs of such activity shall be borne by the property owner. 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 not available. The property owner is
requesting annexation to obtain utility services in order to develop the subject
property as a subdivision consisting of 26 dwelling units which density is the
maximum allowed under the provisions of the 2015 Seminole County/City of
Sanford Joint Planning Agreement. Future development shall meet all utility code
requirements for a lift station with the ability to accept future use without
modifications.
(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.
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
I 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 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 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. I , I , I , I ,
Section 7. Effective Date. This Ordinance shall take effect
immediately upon passage and adoption.
Passed and adopted this 26th day of March, 2018.
William L. Colbert, City Attorney
ity Commission of the City of
! -
ford, rd, Florida
ayor
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INS 151r, #19-9
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LEGAL DESCRIPTION:
Section 17 Township 20S Range 31 E
SW 1/4 ofF SE 1/4 of NE 1/4
F.Al I KX I WMAN I M
I V
PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES
COUNTY CITY
117-20-31-300-00I8-0000 BRISSONINV, LLC 2830 PINE WAY A-1 I AG 10.5
CITY COMMISSION MEMORANDUM 18-066
MARCH 26, 2018 AGENDA
TO: Honorable Mayor and Members of the
PREPARED BY: Jordan Smith, AICP, PP, Senior Pla
SUBMITTED BY:' Norton N. Bonaparte, Jr., City Manager
SUBJECT: Annexation of 10.5 acres located at 2830
Investments, LLC
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM
Item No. 9 r
Way; Owner: Brisson
A request by the property owner, Brisson Investments, LLC, to voluntarily annex 10.5 acres
located at 2830 Pine Way has been submitted. The managers and members of the limited liability
company are Sadique Jaffer, Ashu;,Luthra and Rob Zlatkiss.
FISCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the subject property has a 1,548 square foot single
family structure built in 1976 and two barn/shed built in 1976 and 2001. Based on the 2017
property tax roll, the existing property has an assessed value of $423,420. The total tax bill for the
property in 2016 was $6,178.58. If annexed, the property would be assessed the City's millage rate
and generate an estimated $3,102 in ad valorem taxes. Under existing conditions the municipal
costs will be minimal, while tax revenue would increase by $3,102, however, upon annexation it
is the applicant's intent to develop a single family subdivision which will have an impact on public
facilities and services.
The proposed project is located within Planning Area 4 of the 2015 Joint Planning Agreement. An
east -west alignment established by Eaglewood Trail shall serve as a dividing line for residential
density within Planning Area 4. Properties to the north of this line shall develop at a maximum of
3.5 units per net buildable acre and properties lying south of this line and north of Pine way shall
develop at a maximum of 2.5 units per net buildable acre. The property at 2830 Pine Way is located
south of Eaglewood Trail and north of Pine Way and therefore, shall develop at a maximum of 2.5
units per net buildable acre which would yield approximately 26 dwelling units.
BACKGROUND:
The above referenced property is located in unincorporated Seminole County on the north side of
Pine Way and approximately 661 feet east of Sipes Avenue and west of Wyndham Preserve
Existing Use
Residential
Proposed Use
Residential
Parcel Number
17-20-31-300-001B-0000
Parcel Size
10.5 Acres
Existing Future Land Use Designation (County)
SE, Suburban Estates
Proposed Future Land Use Designation (City)
SE, Suburban Estates
Existing Zoning (County)
A-1, Agricultural
Proposed Zoning (City)
AG, Agricultural
Upon annexation, the property will be in City Commission District 1.
The Development Review Team (DRT) reviewed the request for annexation on December 5, 2017
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.
Utility services are not readily available. The developer shall tie into the existing lift station for
Wyndham Preserve.
The property owner, Brisson Investments, LLC, is requesting annexation to obtain utility services
in order to develop the property with approximately 26 dwelling units which is the maximum
�lln�� erj r»r tie 101 5 Cem;"rile County/city of Q-nfnrd Toldt Plptiinina A_nraatr�ant,
The City Commission approved the first reading of Ordinance No. 2018-4443 on March 12, 2018.
The City Clerk published notice of the public hearing in the Sanford Herald on March 11 & 18,
, 2018.
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.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4443, to annex 10.5
acres bearing the address 2830 Pine Way as legally described into the City of Sanford.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4443."
Attachments: Ordinance No. 4443
Exhibit "A"