HomeMy WebLinkAbout4622 Annex 3.35 Acres - 3883 Church StreetOrdinance No. 2021-4622
An ordinance of the City of Sanford, Florida, annexing
petition certain real property (Tax identification Parcel
30-6AC-0000-066A, which is generally addressed as
Street located contiguous to the City of Sanford
associated rights-of-way within the area of the annex
accordance with the voluntary annexation provisioi
171.044, Florida Statutes; redefining the boundaries
Sanford to include said property; amending the bou
City in accordance with the provisions of Section 1(
Statutes; providing for findings; providing for condit!
the City Clerk to record the ordinance with the Clerk
Court, with the Chief Administrative Office of Semino
with the Department of State; providing for legal des
I by voluntary
Jumber 16-19-
3883 Church
together with
:d property in
is of Section
Df the City of
idaries of the
6.031, Florida
Dns; directing
of the Circuit
e County and
,ription 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 # Owner
16-19-30-5AC-0000-056A
; and
IVIJ Wellington Associates LLC
Whereas, the managers of IVIJ Wellington Associates LLC are Ume Abeeha
Jiwa and Murtaza Jiwa; and
Whereas, above stated property owner applied for annexation of property into
the municipal limits of the City of Sanford pursuant to Section 171.044, Florida Statutes;
and
Whereas, the subject property i,
aggregate) and is generally addressed as
south side of Church Street, approximately
and
approximately 3.35 acres in size (in the
3883 Church Street and is located on the
1,000 feet west of North White Cedar Road;
Whereas, the subject property is located within sub -area 8 of the 2015
Seminole County/City of Sanford Joint Planning Agreement; and
GRANT MALOY, SEMINOLE COUNTY
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2021129226 Bk:10057 Pg:633-641(9Pgs)
REC: 09/29/2021 3:17:31 PM by qjones
RECORDING FEES $78.00
11 P
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,
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:
; and
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.
Whereas, the map and the legal description attached hereto as Exhibit "A"
2'
P a g e
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:
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
parcel of land assigned the Tax Identification Parcel Numbers set forth above and
below, together with all rights-of-way of Kentucky Street between Skyway Drive and
Sipes Avenue, all rights of way of Skyway Drive between Eaglewoods Trail and
Kentucky Street, all rights of way of Eaglewoods Trail between Skyway Drive and the
unnamed right-of-way abutting Parcel 3 to the west, and all of the unnamed right-of-way
between Eaglewoods Trail and Kentucky Street, all to the extent such rights-of-way are
not currently located within the City Limits of the City, said property being situated in
Seminole County, Florida:
In Section 16, Township19 South, Range 30 East: the west 200 feet of Lot 56,
ST JOSEPHS, according to the plat thereof as recorded in Plat Book 1, Page
114, of the Public Records of Seminole County, Florida..
(See Exhibit "A" (map). (Tax Identification Parcel Number 16-19-30-5AC-0000-
056A).
, 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). The property owner shall be responsible for all impact and connection fees
associated with obtaining utility services from the City to serve the annexed property.
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 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 requirements. Upon
annexation, it is the property owner's intent to construct a single-family residential
structure on the annexed property. The property owners are requesting annexation in
order to obtain utility services which will enable the development of a residential
development. Potable water service and reclaimed water service are available from
East Lake Mary Boulevard. Sewer connection shall be to the existing City lift station on
3 1 P a g e
Skyway Drive.
(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 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 property 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
41 Page
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.
5 1 Page
Passed and adopted this 27th day of September, 2021.
Attest:
Traci Ho4efNn,MMC-, F
City Commission only.
Approved as to form and legality.
it L. Colbert
City Attorney
City Commission of
Sanford, Fl9rid.1 ,
ayor
e City of
6 1 F' a €-.; (1,
EXHIBIT "A"
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LEGAL DESCRIPTION:
W 200 Ft of Lot 56 ( LESS RDS
(L ST JOSEPHS, according to the plat
thereof as recorded in Plat Book 1,
Page 114, of the public records of
RIC 0 Seminole County, Florida.
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ANNEXATION:,:,:,:::.:,:::::,:
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PROPERTY I.D.# I PROPERTY OWNER
16-19-30-5AC-0000-056AI MJ WELLINGTON
ASSOCIATES LLC
PROPERTY ADDRESS
3883 CHURCH STREET
PROPERTY ZONING ACRES
COUNTY CITY
A-1 AG 3.35
I
CITY COMMISSION MEMORANDUM 21.194
SEPTEMBER 27, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Acting Planning DjW1or
SUBMITTED BY: Norton N. Bonaparte, Jr., City 1c
Manage ,
SUBJECT: Annexation of 3.35 acres located r3883
Wellington Associates, LLC
STRATEGIC PRIORITIES:
F] Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
WS RM
Item No. q. C
Street; Owners: MJ
A request by the property owners, MJ Wellington Associates, LLC, to voluntarily annex 3.35 acres
located at 3883 Church Street, is being requested. The authorized members of the limited liability
company are Ume Abeeha Jiwa and Murtaza Jiwa.
FISCAL /STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property has a single-family residential
house of approximately 1,800 square feet that was built in 1918 and refurbished in 1960 and an
accessory structure of 3,000 square feet built in 1998. Based on the 2020 property tax roll, the
subject property has a total assessed value of $424,488. The tax bill in 2020 was $5,906.07.10. If
annexed, the property would be assessed the City's millage rate and generate additional taxes.
Upon annexation, it is the applicant's intent to develop industrial use on the property. In addition
to the annexation, industrial development would require a rezone; however, it will facilitate new
non-residential construction and additional tax revenue to the City.
BACKGROUND:
The 3.35 acre site is located on the south side of Church Street, approximately 1,000 feet west of
N. White Cedar Road.
Existing Use
Single Family Residential
Proposed Use
Industrial
Parcel Number
16-19-30-5AC-0000-056A
Parcel Size
3.35 acres
Existing Future Land Use Designation (County)
HIP -TI, High Intensity Planned
Developm nt — Target Industry
Proposed Future Land Use Designation (City)
WIC, Westside Industry and Commerce
Existing
Zoning
(County) -FA--IAgriculture
Corresponding
Zoning (City)
I AG, Agriculture
Upon annexation, the property will be in City Commission District 2.
The subject properties are located within sub -area 8 of the 2015 Seminole County/City of Sanford
Joint Planning Agreement.
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.
Only City water is available, City sewer is not available to this site. The property owner shall be
responsible for extension of all available utilities to the property and payment of all impact and
connection fees associated with obtaining utility services from the City.
The property owners, MJ Wellington Associates, LLC, are requesting annexation of the 3.35 acres
to obtain utility services in order to develop the property for future industrial use.
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. 4622 on September 13, 2021.
The City Clerk published notice of the 2"a Public Hearing in the Sanford Herald on September 19,
2021.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4622.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4622."
Attachments: Ordinance No. 4622
Exhibit "A"