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HomeMy WebLinkAbout4651 Annex - 2678 Richmond AvenueOrdinance No. 2021-4651 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 03-20- 31-501-0000-0050) which is generally addressed as 2678 Richmond Avenue 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 the fee simple title owner of the real property being assigned the following Tax Identification Parcel Numbers by the Seminole County Property Appraiser: Tax Identification Parcel Number Owner 03-20-31-501 -OCOO-0050 Apiary Holdings, LLC ; and Whereas, the above stated property owner, Apiary Holdings, LLC of Widermere, Florida, applied for annexation of property into the municipal limits of the City of Sanford pursuant to Section 171.044, Florida Statutes; and Whereas, Robert Scripps, IV is the sole manager of Apiary Holdings, LLC; we! Whereas, the subject property is 9.53 acres in size and is generally addressed as 2678 Richmond Avenue and is located in unincorporated Seminole on the west side of Richmond Avenue, 2,000' north of Moores Station Road; and Whereas, the subject property is located within sub -area 4 of the 2015 Seminole County/City of Sanford Joint Planning Agreement (JPA) which JPA provides that lands which are annexed near or adjacent to the Orlando Sanford International Airport shall be assigned land use designations compatible with the Airnr)rf NA—ter Plan GRANT MALOY, SEMINOLE COUNTY OLLER CLERK OF CIRCUIT COURT & coMPTR CFN# 21322006092 Bk:10146 Pg-.783-791(9P9S) REC: 01113/2022 12-05:38 I'M by cjones RECORDING FEES $78.00 and in a manner consistent with the JPA; 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 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. ME Whereas, the map and the legal descriptions 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 Find ings/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 parcels of land assigned the Tax Identification Parcel Number set forth above and below, together with all rights-of-way of the unnamed right-of-way lying south of the subject parcel eastward to East Lake Mary Boulevard, and all of the Richmond Avenue right-of-way abutting the subject property and running south to the intersection with the unnamed right-of-way, 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: Lots 5 and 6, Block C, 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. (See Exhibit "A" (map). Tax Identification Parcel Number 03-20-31-501-0000-0050). , 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). Upon annexation of the subject real property, it is the property owner's intent to construct an industrial development. Water service is available off of Lake Mary Boulevard and a lift station would be required to connect to the sewer force main on Lake Mare Boulevard. A utility easement or plated right of way will be required on Canyon Point before the property owner can route a water main down Canyon Point to the property. A minimum 8' water main with a fire hydrant constructed at the property is required to meet fire flow requirements. Additionally, sewer services are available by means of a 6' force main, which will be required to be extended to the proposed lift station on the subject site. 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, extending, connecting 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 and system requirements as well as the requirements of controlling State law. The property owner shall be responsible for any and all costs and expenses relating to the routing any and all lines to the subject property and for providing any necessary facilities and equipment. (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. Also, in accordance with the provisions of Section 171.091, Florida Statutes, a copy of the document submitted to the Florida Department of State 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. 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. Passed and adopted this loth day of January, 2022. Attest. Traci Houchin, MMC, FC City Clerk For use and reliance of the Sanfor, City Commission only. Approved as to form and legality. m L. Colbert, "ddlgF A)' 6-A01) F- R6A City Commission of/ the City of Sanford, Floriqla ,r = 0=4 5 1 P e EXHIBIT "A" FT LEGAL - DESCRIPTION: Lots 5 & 6 Block C, 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. CANYON PT ................ ................ a m d w W ANNEXATION REQUEST u; .............. I ............. A STATIN RD ........... ................. ............. ....... ...... - ..... ......... PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES COUNTY CITY 03-20-31-501-OCOO-0050 APIARY HOLDINGS LLC 2678 RICHMOND AVE PD PD 9.21 WS RM Item No. r7. 9. CITY COMMISSION MEMORANDUM 22008 JANUARY 10, 2022 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP, Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Annexation of 9.53 acres located at 2678 Richmond Avenue; Owners: Apiary Holdings, 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 owner, Apiary Holdings, LLC, to voluntarily annex 9.53 acres located at 2678 Richmond Avenue has been received. Robert Scripps, IV is the sole manager of Apiary Holdings, LLC. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the parcel is undeveloped, and being assessed as agriculture/crop land. Based on 2021 property tax roll, the subject property has an assessed value of $2,131. The total tax bill for the subject property in 2021 is $23.50. If annexed, the property would be assessed the City's millage rate and generate additional ad valorem taxes. Upon annexation, it is the applicant's intent to construct an industrial project containing two large buildings, from which additional taxes will be generated. No additional staffing is anticipated if the annexation is approved. BACKGROUND: The property is located in unincorporated Seminole County on the west side of Richmond Avenue, 2,000 feet north of Moores Station Road. Existing Use Vacant; Agricultural Grazing Land Proposed Use Industrial Parcel Number 03-20-31-501-0000-0050 Parcel Size 9.47 Acres Existing Future Land Use Designation (County) HIP -AP, High Intensity Planned Development Airport Proposed Future Land Use Designation (City) AIC, Airport Industry and Commerce Existing Zoning (County) PD, Planned Development Equivalent Zoning (City) PD, Planned Development Proposed Zoning (after rezoning) (City) PD, Planned Development 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 (JPA). 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 JPA. 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. Water service is available off East Lake Mary Boulevard and a lift station would be required to connect to the sewer force main on Lake Mare Boulevard. A utility easement or plated right of way is required on Canyon Point before the property owner can route the water main down Canyon Point to property. A minimum 8 -inch water main with a fire hydrant at the property is required to meet fire flow requirements. Additionally, sewer is available via a 6 -inch force main, which will be required to be extended to the proposed lift station on the subject site. The owner or developer shall be responsible for extending such utility services to the property and pay impact and connection fees associated with obtaining utility services from the City. 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. 4651 on December 13, 2021. 21 The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on January 2, 2022. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4651. SUGGESTED MOTION: "I move to adopt Ordinance No. 465 L" Attachments: (1). Ordinance No. 4651. (2). Exhibit "A". 31