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HomeMy WebLinkAbout4681 Annexation 6.13 Acres - 160 Elder RoadOrdinance No. 2022-4681 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Numbers 28- 19-30-506-0000-003A, 28-19-30-506-0000-003J, 28-19-30-506-0000- 004A, 28-19-30-506-0000-004B and 28-19-30-506-0000-0031) which is generally addressed as 160 Elder Road 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 owners of the real property being assigned the following Tax Identification Parcel Numbers by the Seminole County Property Appraiser: Tax Identification Parcel Numbers Owners I 28-19-30-506-0000-004A, Carter and Suzanne Rucker and 28-19-30-506-0000-0031 28-19-30-506-0000-003A, 28-19-30-506-0000-003J Splash'N' Dash, Inc., an Ohio and 28-19-30-506-0000-004B corporation. EM Whereas, Suzanne M. Rucker is the incorporator of Splash 'N' Dash, Inc.; and Whereas, the subject real property (a site 6.13 acres in size) is located on the south side of West1st Street/State Road 46, east of Sewell Road and west of Elder Road and is addressed as 160 Elder Road which property is not located within a sub- area of the 2015 Seminole County/City of Sanford Joint Planning Agreement; 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 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2022046412 Elk:10219 Pg:1528-1536(9Pgs) REC: 04119/2022 9:54:26 AM by jeckenroth RECORDING FEES $78.00 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 2 1 P 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 Number set forth above and below, together with all rights -of -way of Sewell Road, all to the extent such right-of-way is not currently located within the City Limits of the City, said property being situated in Seminole County, Florida: All of Tax identification Parcel Numbers: 28-19-30-506-0000-003A, 28-19- 30-506-0000-003J, 28-19-30-506-0000-004A, 28-19-30-506-0000-00413 and 28-19-30-506-0000-0031. (See Exhibit "A" (map). , 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 owners' intent to develop the property as a mixed use development. City water is available on the south side of State Road 46. Reclaimed water service is not yet available to the subject property, but, at such time at it becomes available, the property shall be required to connect, upon development. Sewer services are available through a force main within Elder Road. A private lift station will be required to connect to City sewer services. The property owners shall be responsible for all impact and connection fees associated with obtaining utility services from the City to serve the annexed property. The property owners of the annexed property fully understand that the property owners and the transferees and assigns of the property owners shall incur any and all of the costs of routing, extending, connecting, sizing 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 owners 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 including, but not limited to, the granting of utility easements to the City as may be determined to be necessary by the City. (d). Under the authority of Section 166.031 (3), Florida Statutes, relating to city 31 , 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 owners 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 1 1th day of April, 2022. Attest: City Commission of the City of Sanford, Flori a Traci Hok in, MMC, FCRMI A 00 ruff druff it Clerk , Mayor LO-Ph, fl 0),I> &-K t(%el and reli nce of th or 0 ftw 13 City Commission only. Approved as to form and legality. William L. Colbert City Attorney o�. CITY OF SANRO"'RD FLORIDA W S vR�M _X Item No. ! • �^ CITY COMMISSION MEMORANDUM 22.1 O4 APRIL 1 1, 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; 6.13 Acres located at project address 160 Elder Road; Owners, Splash N Dash Inc., Carter and Suzanne Rucker 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, Splash N Dash Inc, Carter and Suzanne Rucker, to voluntarily annex 6.13 acres located at project address 160 Elder Road has been received. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, one property is vacant waterfront lot and vacant commercial with the assessed tax value and total tax bill for 2021 shown below: Parcel Number Assessed Value Tax Bill Property Status (2021) (2021) 28-19-30-506-0000-003A $48,240 $665 Vacant Residential (Parcel 1) 28-19-30-506-0000-003J $234,368 $3,233 Vacant Residential (Parcel 2) 28-19-30-506-0000-004A $426,391 $5,882 Single -Family Residence (Parcel 3) 28-19-30-506-0000-004B $114,030 $1,573 Single -Family Residence (Parcel 4) 28-19-30-506-0000-003I $101,067 $1,394 Single -Family Residence (Parcel 5) Upon, annexation, it is the applicant's intent to develop the property as a mixed -use development. The proposed development will facilitate new residential and non-residential construction and additional tax revenue to the City. No additional staffing is anticipated if the annexation is approved. BACKGROUND: The above referenced property is located in unincorporated Seminole County on the south side of 1st Street, east of Sewell Road and west of Elder Road. Existing Use Vacant Residential & Single -Family Residences Proposed Use Mixed Use Planned Development Parcel Number 28-19-30-506-0000-003A (Parcel 1) 28-19-30-506-0000-003J (Parcel 2) 28-19-30-506-0000-004A (Parcel 3) 28-19-30-506-0000-004B (Parcel 4) 28-19-30-506-0000-003I (Parcel 5) Parcel Size 6.13 Acres Existing Future Land Use Designation (County) HIP-TI, High Intensity Planned Development Target Industry Proposed Future Land Use Designation (City) WIC, Westside Industry and Commerce Existing Zoning (County) A-1, Agriculture Equivalent Zoning (City) AG, Agriculture Proposed Zoning (City) PD, Planned Development Upon annexation, the property will be in City Commission District 4. 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. Utilities: City water sewer and reclaim is available for this project. There is a 12 inch water main located on the south side of State Road 46. The developer is required to connect to reclaim per Schedule P Section 2.0. Sewer is available through developer provided private lift station. Force main routing to be determined. The developer shall be responsible for up sizing existing utilities required to meet all utility specifications at its cost. All utility lines, water, sewer, and reclaim shall be installed per the City Utility Manual specifications and requirements. Any improvements required to the City's sewer system to accommodate the proposed development will be at the developer's expense. All impact and connection fees associated with obtaining utility services from the City shall be the property owner's responsibility. The property owner, the Splash N Dash Inc., Carter and Suzanne Rucker, is requesting annexation to obtain utility services in order to develop the property for a mixed -use 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 Ordinance No. 4681, on the first reading on March 28, 2022. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on April 3, 2022. RECOMMENDATION: It is staff s recommendation the City Commission adopt Ordinance No. 4681. SUGGESTED MOTION: "I move to adopt Ordinance No. 4681." Attachments: (1) Ordinance No. 4681 (2) Exhibit "A".