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HomeMy WebLinkAbout4627 Annexation 19.06 Acres - 3851 East Lake Mary BoulevardOrdinance No. 2021-4627 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Numbers 03- 20-31-501-OE00-0060, 03-20-31-501-OE00-0040 and 03-20-31-501-OE00- 004A, which is generally addressed as 3851 East Lake Mary Boulevard located contiguous to the City of Sanford together with associated rights-of-way within the area of the annexed property in accordance with the voluntary annexation provisions of Section 171.044, Florida Statutes; redefining the boundaries of the City of Sanford 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 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, the following is a list of the fee simple title owners of the real property being assigned the following Tax Identification Parcel Numbers by the Seminole County Property Appraiser: Tax Identification Parcel # Owner(s) 03-20-31-501-OEOO-0060 (Parcel 1 herein) 03-20-31-501-OEOO-0040 (Parcel 2 herein) 03-20-31-501-OE00-004A (Parcel 3 herein) ; and Marc J. Piloian, Carlene M. Piloian and Laura L Layer Marc J. Piloian, Carlene M. Piloian and Laura L Layer Seminole Acquisitions Group, LLC Whereas, above stated property owners 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 is approximately 19.06 acres in size (in the aggregate) and is generally addressed as 3851 East Lake Mary Boulevard and is located on the west side of East Lake Mary Boulevard, just north of Moores Station Road; and GRANT MALOY, SEMINOLE COUNTYP a e CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2021163760 Bk*10124 F'g:843-852(10P9Ss ) REC: 12116/2021 11:33:20 AM by cione RECORDING FEES $86.50 Whereas, the managers of Seminole Acquisitions Group, LLC are Sadique Jaffer, Ashu Luthra and Mohamedtaki Jaffer; and Whereas, the subject property is located within sub -area 4 of the 2015 Seminole County/City of Sanford Joint Planning Agreement (JPA) and lands annexed near or adjacent to the Orlando Sanford International Airport shall be assigned land use designations compatible with the Airport Master Plan and in a manner consistent with the JPA established with Seminole County; 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, 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 2 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. M Whereas, the map and the legal description 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: 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 East Lake Mary Boulevard abutting the subject below -described property and the unnamed right-of-way abutting Parcel 3 to the north, 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 3, Township 20 South, Range 31 East: PARCEL 1: The west 1/2 of Lot 6, Block E, BROWNS SUBDIVISION OF BECK HAMMOCK, according to the plat thereof as recorded in Plat Book 1, Page 83, according to the plat thereof, as recorded in Plat Book 1, Page 83 , of the Public Records of Seminole County, Florida. PARCEL 2: Lots 4 and 5 (less north 2/3), Block E, BROWNS SUBDIVISION OF BECK HAMMOCK, according to the plat thereof as recorded in Plat Book 1, Page 83, of the Public Records of Seminole County, Florida. PARCEL 3: The north 2/3 of Lots 4 and 5, Block E, BROWNS SUBDIVISION OF BECK HAMMOCK, according to the plat thereof, as recorded in Plat Book 1, Page 83, of the Public Records of Seminole County, Florida. 31 P a 0 (See Exhibit "A" (map). (Tax Identification Parcel Numbers 03-20-31-501-OE00- 0060, 03-20-31-501 -OEOO-0040 and 03-20-31-501 -OEOO-004A). , 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. The property owners are requesting annexation in order to obtain utility services which will enable the development of an industrial development. Water, sewer and reclaimed services have been determined to be available on Lake Mary Boulevard. A private lift station shall be required in order to connect to the City force main to the subject annexed property for sewer services. (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 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 P .'k .,' Passed and adopted this 13th day of December, 2021. Attest: Traci Houchin, MMC, FC City Clerk For use and reliance of tI City Commission . only I Approved as to form and City Commission of the Sanford, Florida j k/Zj> Mayor eg ty of WS RM Item No.7A- I CITY COMMISSION MEMORANDUM 21-260 DECEMBER 13, 2021 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP, Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager SUBJECT: Annexation of 19.06 acres located at 3851 East Lake Mary Boulevard; Owners: Marc J. Piloian, Carlene M. Piloian and Laura L Layer, and Seminole Acquisitions Group, LLC 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 owners, Marc J. Piloian, Carlene M. Piloian and Laura L Layer, with regard to two parcels, and Seminole Acquisitions Group, LLC, with regard to the third parcel, to voluntarily annex 19.06 acres located at 3851 East Lake Mary Boulevard has been received. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, all three parcels are vacant with no structures, each being classified as agriculture/crop land. Based on 2020 property tax roll, the subject property has a combined total assessed value of $108,147. The total tax bill for the subject property in 2020 was $1,631.17. If annexed, the property would be assessed the City's millage rate and generate additional ad valorem taxes. In addition, upon annexation, it is the applicant's intent to construct a large industrial project, from which additional taxes will be generated. The parcel breakdown is as follows: Tax Parcel Number Assessed Value Total Tax Bill 03-20-31-501-OE00-0060 (Parcel 1) $3,128 $34.87 03-20-31-501-OE00-0040 (Parcel 2) $98,528 $1,523.94 03-20-31-501-OE00-004A (Parcel 3) $6,491 $72.36 $108,147 $1,631.17 No additional staffing is anticipated if the annexation is approved. BACKGROUND: The property is located in unincorporated Seminole County on the west side of East Lake Mary Boulevard, just north of Moores Station Road. Existing Use Vacant; Agricultural Proposed Use Industrial Parcel Number 03-20-31-501-OE00-0060 (Parcel 1) 03-20-31-501-000-0040 (Parcel 2) 03-20-31-501-OE00-004A (Parcel 3) Parcel Size 4.72 (Parcel 1) 5.00 (Parcel 2) 9.34 (Parcel 3) Existing Future Land Use Designation (County) IND, Industrial (Parcel 1) IND, Industrial (Parcel 2) IND, Industrial (Parcel 3) Proposed Future Land Use Designation (City) 1, Industrial (Parcel 1) Existing Zoning (County) A-1, Agriculture (Parcel 1) A-1, Agriculture (Parcel 2) A-1, Agriculture (Parcel 3) Equivalent Zoning (City) AG, Agriculture (Parcel 1) AG, Agriculture (Parcel 2) AG, Agri ulture (Parcel 3) Proposed Zoning (after rezoning) (City) RI -1, Restricted Industrial Upon annexation, the property will be located in City Commission District 1. The subject properties are located within sub -area 4 of the 2015 Seminole County/City of Sanford Joint Planning Agreement. Lands annexed near or adjacent to the airport shall be assigned land use designations compatible with the Airport Master Plan and in a manner consistent with the joint planning agreement (JPA) established with Seminole County. The following uses are compatible with the Airport: Industrial parks; corporate business parks; commercial developments; office complexes; attendant retail; service and hotel uses; medium and high-density rental residential developments between the 60 and 65 DNL; agricultural uses; public uses. All development must be phased concurrent with major public roadway improvements and installation of drainage, sewer and water utilities. The City and County shall require land use changes and/or zoning changes to ensure that existing neighborhoods in the area are converted to airport compatible uses. Resource Protection and Conservation lands must be protected from the adverse impacts of development with open space requirements, clustering, conservation easements, wetland buffers and transition areas. 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. 2 1 P Water, sewer and reclaimed are available on Lake Mary Boulevard. A private lift station is needed to connect to the City force main for sewer services. 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 requested annexation results from a need to obtain utility services in order to construct an industrial development. 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. 4627 on September 27, 2021. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on December 1, 2021. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4627. SUGGESTED MOTION: "I move to adopt Ordinance No. 4627." Attachments: Ordinance No. 4627 Exhibit "A" 3 111 ag c PARCEL 3LEGAL DESCRIPTION: N. 2/3ofLots 4&5.Block E.BROWNS SUBDIVISION OFBECK HAMMOCK, according bnthe plat thereof aarecorded inPlat Book 1.Page 83,ofthe public records ofSeminole County. Florida. EXHIBIT "A" PARCEL 1LEGAL DESCRIPTION: VV1/2 ofLot S. Block E, BROWNS SUBDIVISION OF BECK HAMMOCK, according tothe plat thereof asrecorded inPlat Book 1`Page 83.ofthe public records nfSeminole County, Florida. PARCEL 2 LEGAL DESCRIPTION: E, BROWNS SUBDIVISION OF BECK HAMMOCK, according to the plat thereof < as recorded in Plat Book 1, Page 83, of 1-- the public records of Seminole County, 0 Florida. ANNEXATION ��x�mu�����m�.uov��n� REQUEST Li PROPERTY I.D.# PROPERTY OWNER PROPERTYADDRESS PROPERTYZONING ACRES COUNTY CITY 1 03-20-31-501 -OEOO-0060 MARC & JOHN & 3851 E LAKE MARY BLVD A-1 AG 4.72 2 03-20-31-501 -OEOO-0040 MARC & JOHN & E LAKE MARY BLVD A-1 AG 5.00 3 03-20-31-501 -0E00-004Aj SEMINOLE ACQUISITIONS1 E LAKE MARY BLVD A-1 AG 9.34 GROUP LLC