HomeMy WebLinkAbout4749 Annexation 15.55 Acres - 2890 East Lake Mary BoulevardOrdinance No. 2023-4749
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcel Number 08-20-
31-300-0380-0000 which is generally addressed as 2890 East Lake
Mary Boulevard located contiguous to the City of Sanford 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 Number by the Seminole County
Property Appraiser:
Tax Identification Parcel Number Owner
08-20-31-300-0380-0000 Red Sipes Investments, LLC
; and
Whereas, the sole manager of the owner, a Florida limited liability company,
is Andre' F. Hickman; and
Whereas, the subject real property (a site 15.55 acres in size) is addressed as
2890 East Lake Mary Boulevard and is located on the northwest corner of the
intersection of East Lake Mary Boulevard and Sipes Avenue; 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,
GRANT MALOY, SEMINOLE COUNTY E-1
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2023094040 Bk:10520 Pg:1680-1687(8Pgs)
REC: 10/11/2023 10:31:22 AM by cjones
RECORDING FEES $69.50
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.
M
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:
2(Page
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,
said property being situated in Seminole County, Florida:
Tax Parcel Identification Number 08-20-31-300-0380-0000 (See Exhibit
"A" (map)) and described as:
In Section 8 Township 20 South, Range 31 East, the East 1/2 of the
Southeast 1 /4 of the Southeast 1 /4 North of Road; in Seminole County,
Florida.
together with all right-of-way of East Lake Mary Boulevard abutting the subject property
and westward of the subject property, and all right-of-way of Sipes Avenue abutting the
subject property and southward of the subject property to through its intersection with
Kentucky Street, and all of Kentucky Street abutting the City Limits of the City, 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 obtain City utility services in order to develop the site for industrial uses. City
water, sewer and reclaimed water services are available. Water service is available by
means of a twelve inch water main on the north side of East Lake Mary Boulevard,
while, sewer is available by means of a six inch force main located on the south side of
East Lake Mary Boulevard. A twelve inch reclaimed water line is available on the south
side of East Lake Mary Boulevard. 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, 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 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
including, but not limited to, the granting of utility easements to the City as may be
__ 3(Page
determined to be necessary by the City. In the event that full services become available
in the future, the property owner shall be responsible for the costs of connection.
(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 enactment 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
41Pa_ge
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 9th day October, 2023.
Attest: 'ty Commission of the City of
ford, Florida
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Traci HoL coin, MMC, F RM=� "~ t'� ood ruff
(Uy /► b�" .;`� Q Mayor
Ploc rnc► ly�-
FoZe and reliance of the Sa rd,
City Commission only.
Approved as to form and legality.
ll /-/- I, -'�
i iam L. Colbert, City Attorney
5 1 P a g e
EXHIBIT "A"
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LEGAL DESCRIPTION:
Section 08 Township 20S Range 31 E
E 1/2 of SE 1/4 of SE 1/4 N of Road
(LESS RY RNV & RD on E)
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ANNEMTl0N::::::: ....... ........ ...........
REQUEST
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PROPERTY I.D.# I PROPERTY OWNER
08-20-31-300-0380-0000 1 RED SIPES
INVESTMENTS LLC
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.......... . ....... .......
............ .. ENT-10- .::$T ............ ....... :::.::i .. ........
PROPERTY ADDRESS
2890 E. LAKE MARY BLVD
PROPERTY ZONING ACRES
COUNTY CITY
A-1 AG 15.55
4��1'ORp �`
`0 CITY
OF 0 APPROVED
ISk�4FORD
FLORIDA
WS RM X_
Item No.7, A N 1
CITY COMMISSION MEMORANDUM 23-183
OCTOBER 9, 2023 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Darren Ebersole, Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Annexation of 15.55 acres at project address 2890 East Lake Mary
Boulevard; Property Owner, Red Sipes Investments 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, Red Sipes Investments LLC, to voluntarily annex 15.55 acres
located at project address 2890 East Lake Mary Boulevard, has been received.
FISCALISTAFFING STATEMENT:
According to the Property Appraiser's records, the property is a vacant agricultural lot with an
assessed tax value and total tax bill for 2022 shown below:
Parcel Number
Assessed Value (2022)
Tax Bill (2022)
Property Status
08-20-31-300-0380-0000
$3,488
$37.12
Grazing Land
Upon annexation, it is the applicant's intent to develop for industrial use. If annexed, the proposed
use will have minimal impact on public facilities and services.
BACKGROUND:
The 15.55 acre site is located in within unincorporated Seminole County on the northwest corner
of the intersection of East Lake Mary Boulevard and Sipes Avenue.
Existing Use
Agriculture
Proposed Use
Industrial
Parcel Number
08-20-31-300-0380-0000
Parcel Sizes
15.55 Acres
Existing Future Land Use Designation (County)
HIP -AP, High Intensity Planned
Development Target Industr
Proposed Future Land Use Designation(City)
AIC, Airport Industry and Commerce
Existing Zoning
Count
A-1, Agriculture
Equivalent Zoning
(City)
AG, Agriculture
Proposed Zoning
(City)
RI-1,Restricted Industrial
Upon annexation, the property will be in City Commission District 1.
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:
The subject property has water, sewer and reclaim available. Water is available via a twelve -
inch water main on the north side of East Lake Mary Boulevard, while, sewer is available via
six-inch force main, and a 12-inch reclaim line are available on the south side of East Lake Mary
Boulevard. In order to connect to the force main, future development of the site will need to construct
a lift station to connect to the City wastewater system. Reclaim water is available on the south
side.
The developer shall be responsible for up sizing existing utilities required to meet all utility
specifications at their 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 is requesting annexation to obtain utility services in order to develop the site
for industrial uses.
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. 4749, on the first reading on September 25, 2023.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on October 1,
2023.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4749.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4749."
Attachment: Ordinance No. 4749 with Exhibit "A".
FLORIDA DEPARTMENT 0 f STATE
RON DESANTIS
Governor
November 2, 2023
Traci Houchin, City Clerk
City of Sanford
P.O. Box 1788
Sanford, FL 32772-1788
Dear Traci Houchin,
CORD BYRD
Secretary of State
This will acknowledge receipt of your letter dated October 10, 2023, and copy of Ordinance No. 2023-
4749, which was adopted by the City of Sanford on October 9, 2023, and filed with the Florida Department
of State on October 20, 2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Wjj1P0jj—�
Sincer
Anya C. Owens
Administrative Code and Register Director
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270