HomeMy WebLinkAbout4765 Annexation of 5.95 Acres - 275 West Lake Mary BoulevardOrdinance No. 2024-4765
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real property (Tax identification Parcels 11-20-30-
5AN-0000-0220, 11-20-30-5AN-0000-022A and 11-20-30-5AN-0000-
022B which are generally addressed as 275 West Lake Mary
Boulevard, and associated lands, 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 Numbers by the Seminole County
Property Appraiser:
Tax Identification Parcel Numbers Owner
11-20-30-5AN-0000-0220, Gulamabbas Jaffer
11-20-30-5AN-0000-022A, and
11-20-30-5AN-0000-022B
and
Whereas, the subject real property (a site 5.95 acres in size) is addressed as
275 West Lake Mary Boulevard and is located on the south side of West Lake Mary
Boulevard approximately 820 feet west of its intersection with United States Highway
17-92; 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,
GRANT MALOY, SEMINOLE COUNTY 1
CLERK OF CIRCUIT COURT & COMPTROLLER
CFN# 2024013455 Bk:10579 Pg 1647-1657(11Pgs)
REC: 02/14/2024 10:09:42 AM by cjones
RECORDING FEES $95.00
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.
; and
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 1 P a g e
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
parcels of land assigned the Tax Identification Parcel Numbers set forth above and
below, said property being situated in Seminole County, Florida:
Tax Parcel Identification Numbers 11-20-30-5AN-0000-022011-20-30-
5AN-0000-022A and 11-20-30-5AN-0000-022B. (See Exhibit "A" (map))
and described as:
Lot 22, LAKE MINNIE ESTATES, according to the plat thereof as
recorded in Plat Book 6, Page 92, of the Public Records of Seminole
County, Florida.
together with all right-of-way of West Lake Mary Boulevard north of the above property
and westward through the intersection with Driftwood Lane and all of the lake bottom of
Lake Minnie, 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 to
obtain utility services in order to develop the property for a community residential home
of 15 or more residents. City water and sewer is located on the north side of West Lake
Mary Boulevard by means of a 12 -inch PVC water main, and an 8 -inch force main. 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 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 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 Page
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
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.
Passed and adopted this 12th day of February, 2024.
Attest:
Traci Houchin, MMC, F7'RI (
City Clerk
For use and reliance of the Sanford,
t..
City Commission only.
Approved as to form a d legatity..
i
itiam L. Colbert, City Attorney
City Commission of the City of
Sanford, Florida
Art We
Mayor
5 1 P a
PARCEL 1 LEGAL DESCRIPTION:
Legal Lot 22 (Less W. 200 Ft) LAKE
MINNIE ESTATES, according to the
plat thereof as recorded in Plat Book
6, Page 92, of the public records of
Seminole County, Florida.
L
EXHIBIT "A"
PARCEL 2 LEGAL DESCRIPTION:
E. 100 Ft of W 200 Ft of Lot 22.
LAKE MINNIE ESTATES, according
to the plat thereof as recorded in Plat
Book 6, Page 92, of the public records
of Seminole County, Florida.
.... .:
nom;
ANNEXATION *=
REQUEST
w:::.::::::::::...............................
......
j;;
Lake Minnie
.............................
................................................................
......................
PARCEL 3 LEGAL DESCRIPTION:
W. 100 Ft of W 200 Ft of Lot 22.
LAKE MINNIE ESTATES, according
to the plat thereof as recorded in Plat
Book 6, Page 92, of the public records
of Seminole County, Florida.
WE
� PROPERTY I.D.#
IL
a
Lake [ ;
Dot �C
N
PROPERTY OWNER I PROPERTYADDRESS (PROPERTY ZONING ACRES
COUNTY I CITY
1 11-20-30-5AN-0000-0220 GULAMABBAS JAFFER 275 W. LAKE MARY BLVD I C-1
2 11-20-30-5AN-0000-0228 GULAMABBAS JAFFER VACANT C-1
GC -2 1 2.52
GC -2 1 1.74
3 1 11-20-30-5AN-0000-022A] GULAMABBAS JAFFER 1 301 W. LAKE MARY BLVD I C-1 I GC -2 1 1.69
F•J7•, 1K�1
Business Impact Estimate
This form should be included in agenda packet for the item under which the proposed ordinance
is to be considered, and must be posted on the City's website by the time notice of the proposed
ordinance is published.
Annexation of 275 West Lake Mary Boulevard:
The City is of the view that the following exception(s) to the Business Impact Estimate
requirement, that are checked off in a box below, apply to the above -referenced proposed
ordinance. Although, the City is implementing the procedure required by statutory law to
ensure that no inadvertent procedural issue could impact the enactment of the proposed
ordinance.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant, or other
financial assistance accepted by the
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
❑x The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
11 Page
In accordance with the provisions of controlling law, even notwithstanding the fact that,
an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare):
The proposed ordinance is intended to incorporate the subject property into the City of
Sanford in order to obtain water and sewer. It is the applicant's intent to eventually
establish an Assisted Living Facility. The proposed use, if established would provide
healthcare and housing for the City's aging populations.
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City:
When annexed into the City, the property will be assed the City of Sanford Millage rate
and will result in additional Revenue to the City.
3. Estimate of direct compliance costs that businesses may reasonably incur:
The applicant will be responsible for all permitting fees.
4. Any new charge or fee imposed by the proposed ordinance:
When annexed into the City, the property will be assed the City of Sanford Millage rate in
addition to the County Taxes.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
Unknown
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
It is anticipated that the property owner and the retail strip center to the east will be most
impacted.
7. Additional information
Not applicable.
21 Page
0 ppp�0�1[�D
WS RM X
CITY OF Item No. �WI
SkNF0RD
FLORIDA
CITY COMMISSION MEMORANDUM 24.038
JANUARY 22, 2024 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Darren Ebersole. Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, C.
SUBJECT: Annexation; 5.95 Acres; 275 West Lake
Jaffer; Ordinance No. 2024-4765
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
oulevard; Gulamabbas
A request by the property owner, Gulamabbas Jaffer to voluntarily annex 5.95 acres located at
project address 275 West Lake Mary Boulevard has been received.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject parcels are assessed as vacant general
commercial and commercial mixed use with the assessed tax values and total tax bills for 2023
shown below:
Parcel Number
Assessed Value
Tax Bill
Property Status
(2023)
(2023)
11-20-30-5AN-0000-0220
$699,906
$9,314
Commercial Mixed Use
11-20-30-5AN-0000-
$193,022
$2,568
Vacant General
022B
Commercial
11-20-30-5AN-0000-
$491,576
$6,542
Commercial Mixed Use
022A
Upon annexation, it is the applicant's intent to construct a community residential home of 15 or
more residents. If annexed, the property would be assessed at the City's millage rate and generate
additional ad valorem taxes. The business impact statement required by Section 166.041(4)(a),
Florida Statutes, is attached.
No additional staffing is anticipated if the annexation is approved.
BACKGROUND:
The above referenced properties are in unincorporated Seminole County on the south side of Lake
Mary Boulevard approximately 820 feet west of its intersection with U.S. Highway 17-92.
Existing Use
Commercial Mixed Use and
Vacant General Commercial
Proposed Use
Community Residential Home of 15 or more
residents
Parcel Number(s)
11 -20-3 0-5AN-0000-0220
11 -20-3 0-5AN-0000-022A
11 -20-3 0-5AN-0000-022B
Parcel Sizes
5.95 Acres
Existing Future Land Use Designation Count
COM, Commercial
Proposed Future Land Use Designation Ci
GC, General Commercial
Existing Zoning (County)
C-1, Retail Commercial
Equivalent Zoning Ci
GC -2, General Commercial
Upon annexation, the property will be in City Commission District 3
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.
City water and sewer is located on the north side of Lake Mary Boulevard via a 12 -inch PVC water
main, and an 8 -inch force main. 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.
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. 2024-4765, on January 22,
2024.
The City Clerk published notice of the 2nd Public hearing in the Sanford Herald on February 11,
2024.
RECOMMENDATION:
City staff recommendations that the City Commission adopt Ordinance No. 2024-4765.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4765."
Attachments: (1). Ordinance No. 2024-4765
(2). Exhibit "A"
(3). Business Impact Statement.
RON DESANTIS
Governor
February 27, 2024
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 copy of Ordinance No. 2024-4765, which was adopted by the City of
Sanford on February 12, 2024, and filed with the Florida Department of State on February 21, 2024.
If you have any questions or need further assistance, please contact me at (850)245-6271 or
Matthew.Hargreaves@DOS.MyFlorida.com.
Sincerely,
Matthew Hargreaves
Administrative Code and Register Director
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270