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HomeMy WebLinkAbout4456 Annex 3900 W. 1st Street'EMINOLE COUNTY 0 F C.1FMU`- MURT -- CGHTP-TROLLEIR'. b' '1-52 F-iis :771-3-79 (9Ps-iI) CLERK'S -1018067481 - 201S AI `57:: F'11 Ordinance No. 2018-4456 RECARDE'vA�V1.`-'Z J _' 674' �' "' , R voluntary An ordinance of the City of Sanford, Florida, annexing' 6y vol-u'ritary petition certain real property (Tax identification Parcel Number 16-19- 30-5AC-0000-0870 generally addressed as 3900 West 1st Street (State Road 46)) 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, Lo Bros. Enterprises, Inc. applied for annexation of property into the City of Sanford and is hereby determined to be the fee simple title owner of the real property described below; and Whereas, Lo Bros. Enterprises, Inc. is a California corporate entity whose corporate officers are Henry P. Lo, are Edward P. Lo, are Helen L. Woo, Chisako S. Lo and Jeanne C. Lo; 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 limits of the City of Sanford; and Whereas, the subject property is approximately 9.85 acres in size and is generally addressed as 3900 West 1 st Street (State Road 46); 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 16-19-30-5AC-0000-0870 EMS Lo Bros. Enterprises, Inc. Whereas, City staff and the Development Review Team (on April 17, 2018) I Page 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 above referenced property is located in unincorporated Seminole County on the north side of West 1st Street and is approximately 931 feet east of Monroe Road; 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 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 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. Ems 2 1 P a g e 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 set forth above and being specifically described as set forth below, together with any and all State Road 46 right- of-way running and West of United States Highway 17/92 within Downtown Sanford to Interstate Highway 4, all of said rights-of-way being annexed in association with the following property being situated in Seminole County, Florida: The East one-half of Lot 87 and Lot 96, of the ST JOSEPHS subdivision according to the plat thereof as recorded in Plat Book 1, Page 114, of the public records of Seminole County, Florida. (See Exhibit "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 he and his 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. Water service and sewer service are available to the 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 not available. The property owner is requesting annexation for unprecise purposes relative to future development. Future development shall meet all utility code requirements for a lift station with the ability to accept future use without modifications. 3 1 P a g e (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 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 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 6. 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. 41 Page 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 June, 2018. City Commission of the City of Sanford_ Florida -I_r-acWteht°n; City Clerk or use an reliance o the Sanfo City Commission only. Approved as to form and legality. 5 1 P a g e WS RM X CITY OF Item No. `SkNFORD FLORIDA CITY COMMISSION MEMORANDUM 18-120 JUNE 1 1, 2018 To: Honorable Mayor and Members of the City Commission PREPARED BY: Jordan Smith, AICP, PP, Senior Planner Traci Houchin, CMC, FCRM(0 SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Annexation of 9.85 acres located at 390 est 1st Street; Owner: Lo Bros Enterprises 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, Lo Bros Enterprises to voluntarily annex 9.85 acres located at 3900 West I" Street has been submitted. The President of the Foreign Profit Corporation is Henry P. Lo. FISCAL.ISTAFFING STATEMENT: According to the Property Appraiser's records, the subject property is vacant, however, a single family structure was demolished in 2005. Based on the 2017 property tax roll, the existing property has an assessed value of $1,169,290. The total tax bill for the property in 2017 was $17,062. If annexed, the property would be assessed the City's millage rate and generate an estimated $8,565 in ad valorem taxes. Upon, annexation, it is the applicant's intent to use the property for commercial purposes which would require a rezone, however, it will facilitate new non-residential construction and additional tax revenue to the City. The proposed project is located within Planning Area 8 of the 2015 Joint Planning Agreement. The City has amended its Comprehensive Plan to require PD zoning in this area. All lands in this area annexed by the City subsequent to the JPA have received land use designations of Westside Industry Commerce, one of the City's equivalent designations to HIP -TI. City and County Comprehensive Plan policies for this are very similar. The City's densities and floor areas are slightly less than the County's. The County and the City established gateway corridor standards for SR 46 to ensure compatible and aesthetically pleasing development in the area. This area is developing rapidly, consistent with both the City and the County's Comprehensive Plan policies and corridor standards. The County and City, working together, have been successful in minimizing urban sprawl providing affordable housing opportunities and targeting industrial and commercial growth in this area. Both the County and the City will continue to ensure that the area is developed consistent with their mutually agreed upon standards and policies. This area should be reserved for target industry and SunRail supporting development as there is limited vacant acreage available on which target industry will site. Single -Family and low or medium density residential developments are not compatible within this area. BACKGROUND: The above referenced property is located in unincorporated Seminole County on the north side of West 1" Street and is approximately 931 feet east of Monroe Road. Existing Use Vacant Proposed Use Unknown Parcel Number 16-19-30-5AC-0000-0870 Parcel Size 9.85 Acres Existing Future Land Use Designation (County) HIP -TI, Higher Intensity Planned Development — Target Industry Proposed Future Land Use Designation (City) WIC, Westside Industry & Commerce Existing Zoning (County) A-1, Agricultural Proposed Zoning (City) AG, Agricultural Upon annexation, the property will be in City Commission District 2. The Development Review Team (DRT) reviewed the request for annexation on April 17, 2018 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. Water and sewer is available to the 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 not available. The property owner, Lo Bros Enterprises, is requesting annexation with plans of eventually developing the property for commercial purposes. The City Commission approved the first reading of Ordinance No. 4456 on May 14, 2018. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on May 27, 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. 4456, to annex 9.85 acres bearing the address 3900 West 1st Street as legally described into the City of Sanford. SUGGESTED MOTION: "I move to adopt Ordinance No. 4456." Attachments: Ordinance No. 4456 Exhibit "A"