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HomeMy WebLinkAbout4813 Relating to the repealling of Ordinance No. 2017-4403 (involving the Statutory Development Agreement with Sanford Waterfront Partners , LLC)Ordinance No. 2025-4813 An ordinance of the City of Sanford, Florida relating to the City -owned real property relating to the Plat of Sanford Waterfront Catalyst, recorded in Plat Book 83, Pages 14 and 15, of the Public Records of Seminole County, Florida; repealing Ordinance Number 2017-4403 relating to the commonly referred to real property known as the "Catalyst Site"; providing for legislative findings and intent; providing for attachments and incorporation of exhibits; providing for the taking of implementing administrative actions; providing for conflicts; providing for severability; providing for non -codification and providing for an effective date. Whereas, the City of Sanford is attempting to ensure that the title to the property commonly referred to as the "Catalyst Site" of the City is clear and unencumbered for future use and potential development purposes; and Whereas, the City Commission finds that repealing Ordinance Number 2017-4403 will not operate to the detriment of the City or the public subject and will, to a significant extent, unencumber the City owned land described as the Plat of Sanford Waterfront Catalyst, recorded in Plat Book 83, Pages 14 and 15, of the Public Records of Seminole County; and Whereas, the City Commission further finds that all other conditions required by controlling law have been met relative to the advertising and processing of this Ordinance. Now, Therefore, Be It Enacted By The People Of The City Of Sanford, Florida: Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance, the City staff report and City Commission agenda memorandum relating to the application and the proposed vacation of right-of-way as set forth herein. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (c). This Ordinance is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford and the Land Development Regulations of the City of Sanford. Section 2. Repeal Of Ordinance Number 2017-4403; Status Of Real Property. (a). Ordinance Number 2017-4403 is hereby repealed. (b). The property described as the Plat of Sanford Waterfront Catalyst, recorded in Plat Book 83, Pages 14 and 15, of the Public Records of Seminole County, is hereby returned to an unzoned status pending future action to assign development rights to the real property; provided, however, that it is found and determined that the status of being unzoned will not affect private property rights inasmuch as the property is publicly owned in that title is vested in the City. (b). The City Manager, or designee, is hereby authorized to execute the documents necessary to implement the action taken herein. Section 3. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 4. 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 determined to be invalid, unlawful, or unconstitutional. Section 5. Non -Codification. This Ordinance shall not be codified, but shall be implemented in a manner consistent with the City's Land Development Regulations and Comprehensive Plan. N Section 6. Effective Date. This Ordinance shall take effect immediately upon recording of this Ordinance in the Public Records of Seminole County, Florida. Passed and adopted this 27th day of January, 2025. Attest: city Com ission of he Ci of Sanford, Florida, j 7 aw, Traci Houchin, MMC FCRM r ;"' A oodruff City Clerk }''� Mayor Aw Lir d !!aa _.. wy 1 •.. - Approved as to form' - ,.. and legal sufficiency. Siam L. Colbert -- City Attorney �/�A��E N�a� 31P�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. Ordinance No. 2025-4813 An ordinance of the City of Sanford, Florida relating to the City -owned real property relating to the Plat of Sanford Waterfront Catalyst, recorded in Plat Book 83, Pages 14 and 15, of the Public Records of Seminole County, Florida; repealing Ordinance Number 2017-4403 relating to the commonly referred to real property known as the "Catalyst Site"; providing for legislative findings and intent; providing for attachments and incorporation of exhibits; providing for the taking of implementing administrative actions; providing for conflicts; providing for severability; providing for non -codification and providing for an effective date. Ordinance No. 4813: Former "Catalyst Site"; Ordinance Number 2025-xxx; Removal Of Title Exception/Encumbrance No. 6; 215 E. Seminole Boulevard; Repealing Ordinance Number 2017-4403 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: 11 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 clear up all title issues pertinent to the former "Catalyst Site" in an effort to have the property available for future marketing by the City or uninhibited use by the City. 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: There appears to be no viable or direct economic impact by this action as a result of this easement vacate. 3. Estimate of direct compliance costs that businesses may reasonably incur: The applicant will be responsible for all recording and City fees. 4. Any new charge or fee imposed by the proposed ordinance: N/A 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: N/A 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: It is anticipated that the property owner will be most impacted. 7. Additional information Not applicable. 7Dws RM x L CITY OF Q y Item No. • V SANFORD FLORIDA CITY COMMISSION MEMORANDUM 25.0'16 JANUARY 27, 2025 AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Owen Christopher Smith, Project Planner Eileen Hinson, AICP, Planning Director Craig Radzak, Assistant City Manager SUBMITTED BY: Norton N. Bonaparte Jr., ICMA-CM, City Manager SUBJECT: Former "Catalyst Site"; Ordinance No. 2025-4813; Removal Of Title Exception/Encumbrance No. 6; 215 E. Seminole Boulevard; Repealing Ordinance No. 2017-4403 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Requesting to approve Ordinance No. 2025-4813, relating to the repealing Ordinance No. 2017- 4403. FISCAL/STAFFING STATEMENT: There is no fiscal impact associated with this item except that the fully marketable and unencumbered real property owned by the City enhances the value of the City -owned property which is favorably impacted by this action. BACKGROUND: A recent title search relating to the former "Catalyst Site" property which is owned by the City discerned many site exceptions/encumbrances. City staff and the Assistant City Attorney are working diligently to clear up all title issues pertinent to the former "Catalyst Site" to have the property available for future marketing by the City or uninhibited use by the City. Accordingly, as one step in that process, an application by the City has been perfected seeking City Commission action repealing Ordinance No. 2017-4403, which involves the Statutory Development Agreement with Sanford Waterfront Partners, LLC. Numerous other future actions will be taken to address various title exceptions for the former "Catalyst" site. LEGAL REVIEW: The Assistant City Attorney has assisted in this matter. The City Commission approved Ordinance No. 2025-4813, on first reading, on January 13, 2025. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald, on January 26, 2025. RECOMMENDATION: City staff and the Administrative Official recommend that the City Commission adopt Ordinance No. 2025-4813. SUGGESTED MOTION: "I move to adopt Ordinance No. 2025-4813, as proposed." Attachment: Ordinance No. 2025-4813.