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HomeMy WebLinkAbout4802 Annexation 12.53 Acres - 3992 East Lake Mary BoulevardOrdinance No. 2024-4802 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real properties (Tax identification Parcel Numbers 03- 20-31-5AY-0000-27A0, 03-20-31-5AY-0000-27A1, and 03-20-31-5AY- 0000-26A2) which is generally addressed as 3922 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 03-20-31-5AY-0000-27A0 Seminole Storage Units 3 LLC 03-20-31-5AY-0000-27A1 03-20-31-5AY-0000-26A2 ; and Whereas, the managers of Seminole Storage Units 3 LLC are James H. Hodges and Magie S. Hodges; and Whereas, the subject real property totals 12.53 acres in size which is addressed as 3922 East Lake Mary Boulevard and located between East Lake Mary Boulevard and Cameron Avenue, approximately one-half mile south of State Road 46; 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 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2024093593 Bk:10712 P9:57- (12Pgs) c REC: 10/18/2024 10:08:35 AM by 1 es RECORDING FEES $103.50 and Whereas, the applicant's request is to amend the for the subject property from the Industrial (IND) future land use designation (Seminole County) to the Airport Industry and Commerce (AIC) future land use designation (City); and Whereas, the Property Owner also has submitted a companion application to rezone the subject property; and Whereas, the City of Sanford's Planning and Zoning Commission, as the City's local planning agency, held a public hearing on August 1, 2024, to consider amending the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan and recommended approval of the proposed Future Land Use Map amendment to the Comprehensive Plan for the subject property; and Whereas, Section 163.3187, Florida Statutes, relates to the amendment of adopted local government comprehensive plans and sets forth certain requirements relating to small scale amendments, and which are related to proposed small scale development activities and provides, among other things, that such amendments may be approved without regard to statutory limits on the frequency of consideration of amendments to the City of Sanford Comprehensive Plan; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing this amendment to the City of Sanford Comprehensive Plan including, but not limited to, Section 163.3187, Florida Statutes; and Whereas, the City of Sanford has complied with Florida's Community Planning Act which was amended during the 2021 Legislative Session by the passage of Committee Substitute for Committee Substitute for Committee Substitute for House 2 1 P a g e Bill Number 59 (initially codified as Chapter Number 2021-195, Laws of Florida) to require every city and county within the State "to include in its comprehensive plan a property rights element" (Section 163.3177(6)(i)1, Florida Statutes). Now, therefore, be it enacted by the People of the City of Sanford, Florida: Section 1. Legislative Findings and Intent. (a). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (b). The City Commission of the City of Sanford adopts the recitals (whereas clauses) of this Ordinance as legislative findings. (c). This Ordinance is internally consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford and the proposed Comprehensive Plan amendment does not trigger any urban indicators and adoption of this amendment will discourage the proliferation of urban sprawl within the City of Sanford. Section 2. Amendment to Future Land Use Map; Incorporation of Maps, Sketches and Legal Descriptions. (a). The Future Land Use Plan Element of the Comprehensive Plan of the City of Sanford and the City's Future Land Use Map is hereby amended by changing the future land use designation from the Industrial (IND) future land use designation (Seminole County) to the Airport Industry and Commerce (AIC) future land use designation (City) regarding the real property which is the subject of this Ordinance as set forth herein. (b). The property which is the subject of this Comprehensive Plan amendment is assigned Tax Parcel Identification Numbers 03-20-31-5AY-0000-27A0, 03-20-31- 31 5AY-0000-27A1 and 03-20-31-5AY-0000-26A2 by the Seminole County Property Appraiser. (c). Any maps, sketches and legal descriptions attached to this Ordinance are hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance, but the land which is the subject of this Ordinance consists of Tax Parcel Identification Numbers 03-20-31-5AY-0000-27A0, 03-20-31-5AY-0000-27A1 and 03-20-31-5AY-0000-26A2 as assigned by the Seminole County Property Appraiser. Section 3. Implementing Administrative Actions. The City Manager, or designee, is hereby authorized to implement the provisions of this Ordinance as deemed appropriate and warranted. Section 4. Ratification of Prior Actions. The prior actions of the City Commission and its agencies in enacting and causing amendments to the Comprehensive Plan of the City of Sanford, as well as the implementation thereof, are hereby ratified and affirmed. Section 5. Severability. If any section, sentence, phrase, word, or portion of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity or effect of any other action or part of this Ordinance. Section 6. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 7. Scrivener's Errors. Typographical errors and other matters of a similar nature that do not affect the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be corrected with the endorsement of the City Manager, or designee, without the need for a public hearing. 4 1 P a g e 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 of September, 2024. Attest: City Commission of the City of .,Z Sanford, Flori a e c AAAeu(+hN Nw. Rk (1A Traci Houchin, MMC, FCRM Art Woodruff V 11 City Clerk Mayor For use and reliance of the Sanford City Commission only. Approved as to form and legality. `William L. Colbert City Attorney 5 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. An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real properties (Tax identification Parcel Numbers 03-20-31-5AY-0000-27A0, 03-20-31-5AY- 0000-27A1, and 03-20-31-5AY-0000-26A2) which is generally addressed as 3922 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 takinq of administrative actions and providing for an effective date. 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,- El egulation;❑ 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 IIPage Z 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. 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 a commercial business park. The proposed use will have 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. 31 Page EXHIBIT "A" CITY OF 0 SkNFORD FLORIDA CITY COMMISSION MEMORANDUM 24.259 SEPTEMBER 9, 2024 AGENDA TO: Honorable Mayor and Members of the City PREPARED BY: Darren Ebersole, Planner SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, C��6fanag SUBJECT: Annexation; 12.53 Acres; Seminole Storage Units Mary Boulevard; Ordinance No. 2 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront / ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: ws ,M x Item No.P, I : 3922 East Lake Adoption of Ordinance No. 2024-4802, to voluntarily annex 12.53 acres, located at project address 3922 East Lake Mary Boulevard, is requested. The property owner is, Seminole Storage Units 3 LLC. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the properties are vacant residential lots each with assessed tax values and total tax bills for 2024 shown below: Parcel Number Assessed Value 2024 Tax Bill (2024) Property Status 03-20-31-5AY-0000-27A0 $469,700 $5,114 Vacant Residential 03-20-31-5AY-0000-27A1 $437,470 $4,763 Vacant Residential 03-20-31-5AY-0000-26A2 $449,130 $4,890 Vacant Residential Upon annexation, it is the applicant's intent to develop the site with a mix of general commercial uses, accessory commercial amusements, and retail commercial uses. When annexed, the proposed use will have an impact on public facilities and services. BACKGROUND: The subject property is a 12.53 -acre parcel located between Cameron Avenue on the west and East Lake Mary Boulevard on the east, and approximately 0.5 miles south of their intersections with State Road 46. Existing Use Vacant Residential Proposed Use General Commercial Parcel Number(s) 03-20-31-5AY-0000-27A0 03-20-31-5AY-0000-27A 1 03-20-31-5AY-0000-26A2 Parcel Size(s) 4.39 Acres 4.23 Acres 4.20 Acres Existing Future Land Use Designation (County) Industrial (Seminole County) Proposed Future Land Use Designation (City) AIC, Airport Industry and Commerce Existing Zoning (Count) A-1, Ag riculture Equivalent Zoning (Cit) I AG, Agriculture Proposed Zoning (City) I PD, Planned Development Upon annexation, the property will be in City Commission District 1. City 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 using a 12" water main on the west side of East Lake Mary Boulevard. Sewer (wastewater) service is available using a 12" force main and a 12" reclaimed water line is available both on the east 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 sewer (wastewater) system. The developer shall be responsible for up sizing existing utilities required to meet all utility specifications at their cost. All utility lines, water, sewer (wastewater) and reclaimed water shall be installed in accordance with the City's Utility Manual specifications and requirements. Any and all improvements required to the City's sewer (wastewater) 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 the first reading of Ordinance No. 2024-4796, on August 27, 2024. The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on September 7, 2024. RECOMMENDATION: City staff recommends that the City Commission adopt Ordinance No. 4802. SUGGESTED MOTION: "I move to adopt Ordinance No. 4802." Attachments: (1). Ordinance No. 4802. (2). Exhibit "A". (3). Business Impact Statement.