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4443 Annex Brisson Investments 2830 Pine WayI GFZ =3IT I1AM Y 8EC1.tNKE COUNTY :C ERR OF CIRCUIT COUIRIT & COMPTROLLER ^p4 C 1_Er K S 20/8034656 Ordinance No. 20184443 t{ E("ADRDtED ��.=f'< 9/2131 1 �:�r;.«2�« ��E PV An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 17-20- 31-300-001 B-0000 generally addressed as 2830 Pine Way located contiguous to the City of Sanford in accordance with the voluntary annexation provisions of Section 171.044, Florida Statutes, together with associated rights -of -ways; redefining the boundaries of the City of Sanford to include said property; amending the boundaries of the City in accordance with the voluntary annexation 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, Brisson Investments, LLC (whose managers and members are Sadique Jaffer, Ashu Luth,ra and Rob Zlatk,ss; applied for a^nexatio;; of property i;;tc the City of Sanford and is hereby determined to be the fee simple title owner of the real property described below; and Whereas, the said applicant petitioned the City of Sanford, pursuant to Section 171.044, Florida Statutes, for , annexation of said . ,property into the municipal 'limit's of the City of Sanf6rd; and I ' I ' ' Whereas, the subject property is approximately 10.5 acres in size and is generally addressed as 2830 Pine Way; and Whereas, the subject property is located on the north side of Pine Way and approximately 661 feet east of Sipes Avenue and west of Wyndham Preserve; and Whereas, the applicant is the fee simple title owner of all of said property being described by Tax Identification Parcel Number as follows: Tax Identification Parcel Number Owner 17-20-31-300-001 B-0000 ; and Brisson Investments, LLC Whereas, upon annexation, it is the intent of the property owner to develop the property as a subdivision consisting of 26 dwelling units which is the maximum allowed density as set forth in the 2015 Seminole County/City of Sanford Joint Planning Agreement; and Whereas, City staff and the Development Review Team (on December 5, 2017) have 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, Florida arid 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 and has, further, determined that associated rights-of-way should be annexed hereby; and Whereas, the City Commission of the City of Sanford, Florida has taker, 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 2�: J Whereas, the map and the legal description attached hereto as Exhibit "A" shows, describes, and depicts the property and associated rights -of -ways which are 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: Section 1. Legislative and Administrative Findings/Annexation of Properties. (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 as set forth above and being specifically described as set forth below, all of said property being situated in Seminole County, Florida: Section 8, Township 20 South, Range 31 East: The Southwest 1/4 of the Southeast 1/^ of the Northeast 1/^. (See E;hibit "A"). , and all of said property and aforementioned rights-of-way are 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). The property owner shall be responsible ' for `all impact and connection fees associated with obtaining utility services from the City to the annexed property and to extend such utility services to the annexed property to the extent that such utilities are not available. The property owner of the annexed property fully understands that they and its transferees and assigns shall incur any and all of the costs of routing 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. Utility services are not readily available. Indeed, the property owner of the annexed property shall tie into the existing lift station for Wyndham Preserve at the time of development and the costs of such activity shall be borne by the property owner. 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 not available. The property owner is requesting annexation to obtain utility services in order to develop the subject property as a subdivision consisting of 26 dwelling units which density is the maximum allowed under the provisions of the 2015 Seminole County/City of Sanford Joint Planning Agreement. Future development shall meet all utility code requirements for a lift station with the ability to accept future use without modifications. (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. Section 3. Administrative Actions. (a). Within 7 days of the adoption 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 I 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 properties to include, but not be limited to, annexed rights-of-way and natural features. 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 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. I , I , I , I , Section 7. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 26th day of March, 2018. William L. Colbert, City Attorney ity Commission of the City of ! - ford, rd, Florida ayor I INS 151r, #19-9 M ME M SAND LEGAL DESCRIPTION: Section 17 Township 20S Range 31 E SW 1/4 ofF SE 1/4 of NE 1/4 F.Al I KX I WMAN I M I V PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES COUNTY CITY 117-20-31-300-00I8-0000 BRISSONINV, LLC 2830 PINE WAY A-1 I AG 10.5 CITY COMMISSION MEMORANDUM 18-066 MARCH 26, 2018 AGENDA TO: Honorable Mayor and Members of the PREPARED BY: Jordan Smith, AICP, PP, Senior Pla SUBMITTED BY:' Norton N. Bonaparte, Jr., City Manager SUBJECT: Annexation of 10.5 acres located at 2830 Investments, LLC STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: WS RM Item No. 9 r Way; Owner: Brisson A request by the property owner, Brisson Investments, LLC, to voluntarily annex 10.5 acres located at 2830 Pine Way has been submitted. The managers and members of the limited liability company are Sadique Jaffer, Ashu;,Luthra and Rob Zlatkiss. FISCALISTAFFING STATEMENT: According to the Property Appraiser's records, the subject property has a 1,548 square foot single family structure built in 1976 and two barn/shed built in 1976 and 2001. Based on the 2017 property tax roll, the existing property has an assessed value of $423,420. The total tax bill for the property in 2016 was $6,178.58. If annexed, the property would be assessed the City's millage rate and generate an estimated $3,102 in ad valorem taxes. Under existing conditions the municipal costs will be minimal, while tax revenue would increase by $3,102, however, upon annexation it is the applicant's intent to develop a single family subdivision which will have an impact on public facilities and services. The proposed project is located within Planning Area 4 of the 2015 Joint Planning Agreement. An east -west alignment established by Eaglewood Trail shall serve as a dividing line for residential density within Planning Area 4. Properties to the north of this line shall develop at a maximum of 3.5 units per net buildable acre and properties lying south of this line and north of Pine way shall develop at a maximum of 2.5 units per net buildable acre. The property at 2830 Pine Way is located south of Eaglewood Trail and north of Pine Way and therefore, shall develop at a maximum of 2.5 units per net buildable acre which would yield approximately 26 dwelling units. BACKGROUND: The above referenced property is located in unincorporated Seminole County on the north side of Pine Way and approximately 661 feet east of Sipes Avenue and west of Wyndham Preserve Existing Use Residential Proposed Use Residential Parcel Number 17-20-31-300-001B-0000 Parcel Size 10.5 Acres Existing Future Land Use Designation (County) SE, Suburban Estates Proposed Future Land Use Designation (City) SE, Suburban Estates Existing Zoning (County) A-1, Agricultural Proposed Zoning (City) AG, Agricultural Upon annexation, the property will be in City Commission District 1. The Development Review Team (DRT) reviewed the request for annexation on December 5, 2017 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. Utility services are not readily available. The developer shall tie into the existing lift station for Wyndham Preserve. The property owner, Brisson Investments, LLC, is requesting annexation to obtain utility services in order to develop the property with approximately 26 dwelling units which is the maximum �lln�� erj r»r tie 101 5 Cem;"rile County/city of Q-nfnrd Toldt Plptiinina A_nraatr�ant, The City Commission approved the first reading of Ordinance No. 2018-4443 on March 12, 2018. The City Clerk published notice of the public hearing in the Sanford Herald on March 11 & 18, , 2018. 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. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4443, to annex 10.5 acres bearing the address 2830 Pine Way as legally described into the City of Sanford. SUGGESTED MOTION: "I move to adopt Ordinance No. 4443." Attachments: Ordinance No. 4443 Exhibit "A"