HomeMy WebLinkAbout4796 Annexation 9.25 Acres - 2880 East Lake Mary BoulevardOrdinance No. 2024-4796
An ordinance of the City of Sanford, Florida, annexing by voluntary
petition certain real properties (Tax identification Parcel Numbers 08-
20-31-300-0370-0000 and 08-20-31-300-037A-0000) which is generally
addressed as 2880 East Lake Mary Boulevard located contiguous to
the City of Sanford, together with associated right-of-way, 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
08-20-31-300-0370-0000 and JLW Lake Doctors, LLC
08-20-31-300-037A-0000
; and
Whereas, the sole manager of the owner, JLW Lake Doctors, LLC, a Florida
limited liability company, is James L. Williams; and
Whereas, the subject real property totals 9.25 acres in size which is
addressed as 2880 East Lake Mary Boulevard and located on the northeast corner of
the intersection of East Lake Mary Boulevard and Laura 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
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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 afore described 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:
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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, said property being situated in Seminole County, Florida:
Tax Parcel Identification Numbers 08-20-31-300-0370-0000 and 08-20-31-
300-037A-0000 (See Exhibit "A" (map)).
together with all rights-of-way of East Lake Mary Boulevard running from its intersection
with South Brisson Avenue through the intersection with Sipes Avenue; and all of South
Brisson Avenue, Brooks Lane and Laura Avenue north of East Lake Mary Boulevard;
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 develop for industrial use. City water, sewer (wastewater) and reclaimed water
services are available. Water service is available by means of a 12" water main on the
north side of East Lake Mary Boulevard. Sewer (wastewater) service is available by
means of a 6" force main. A 12" reclaimed water line is available on the south side of
East Lake Mary Boulevard. To connect to the force main, future development of the site
will require construction of a lift station to connect to the City wastewater system. 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 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 the granting of such easements
being lawful exactions under controlling Florida law.
(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
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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
determination shall not be held to invalidate or impair the validity, force or effect of any
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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 26th day of August, 2024.
Attest: City Commission of the City of
Sanford,, Florida( ; i
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�a I" . , - . IVA
110 ("'� Ott Vca A'� (d ho
Traci Houchin, MMC, FCRM Art Wo
City Clerk ^,. Mayor
For use and reliance of the Sanford
City Commission only.
Approved as to form and legality.;_'.n'r
it am L. Colbert, City Attorney
/to filing,
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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 real property located at project address 2880 East Lake Mary Boulevard
has been received. The applicants intent is to develop the property for industrial uses.
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
® 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.
11Page_ _
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 for an industrial business park. The proposed
use will have a an impact.
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 and impact 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:
It is impossible to quantify any potential regulatory costs of the proposed development.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
It is unknown if any businesses will be impacted by the development of the site.
7. Additional information
Not applicable.
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CITY OF
Item No?.
SjkNFORD Q appG��LD
FLORIDA
CITY COMMISSION MEMORANDUM 24-238
AUGUST 26, 2024, AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Darren Ebersole, Planner
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, Ce
man
SUBJECT: Annexation of 9.25 acres at project address 28 -East e Mary
Boulevard; Property Owner; JLW ake Doctors LIQ14 Ordinance No.
2024-4796 /
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, JLW Lake Doctors LLC, to voluntarily annex 9.25 acres located
at project address 2880 East Lake Mary Boulevard, has been received.
FFISCALISTAFFING 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 2024 shown below:
Parcel Number
Assessed Value (2024)
Tax Bill (2024)
Property Status
08-20-31-300-0370-0000
$292
$3.05
Grazing Land
08-20-31-300-037A-0000
$91
$0.91
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 9.25 -acre site is in within unincorporated Seminole County on the northeast corner of the
intersection of East Lake Mary Boulevard and Laura Avenue.
Existing Use
Agriculture
Proposed Use
Industrial
Parcel Number(s)
08-20-31-300-0370-0000
08-20-31-300-037A-0000
Parcel Size(s)
7.4 Acres
1.85 Acres
Existing Future Land Use Designation (County)
Industrial Seminole County)
Proposed Future Land Use Designation (City)
AIC, Airport Industry and Commerce
Existing Zoning (County)
A-1, Agriculture
M-1, Medium Industrial
Equivalent Zoning (City)
AG, Agriculture
RI -1, Restricted Industrial
Proposed Zoning Ci
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 of
Lake Mary Boulevard.
The developer shall be responsible for upsizing 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 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 the first reading of Ordinance No. 2024-4796, on August 12, 2024.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald, on August 18,
2024.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 2024-4796.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4796."
Attachments: Ordinance No. 2024-4796
Exhibit "A"
Business Impact Statement.