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4457 Annex 800 MLK Blvd:m}riih'1" i{AL i i 1t€Mi2�I`4�.�f t_ tkl C !_. z.. i:_. 1:'•^?*. 3.}i" "Mc - '* ..•:c i; :�_I C'OU'**-:i t, t.{_ttiPTRO.}C_�...ER BK 91521 Ordinance No. 2018-4457 C�ERX's 4 ;}j)180 7482 y (* O ! EE _t: .i. An ordinance of the City of Sanford, Florida, arimmffq by'v"o-l'ufflary petition certain real property (Tax identification Parcel Numbers 26- 19-30-5AE-440A-0000, 26-19-30-5AE-410A-0000 and 26-19-30-5AE- 4100-0000 generally addressed as 800 Martin Luther King Jr. Boulevard 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, Elizabeth S. Corso, Trustee, Tammy S. Hanes, Trustee, and Alan D. Shoemaker, and Lars Eriksson applied for annexation of property into the City of Sanford and are hereby determined to be the fee simple title owners of the real property described below; and Whereas, the said applicants petitioned the City of Sanford, pursuant to Section 171.044, Florida Statutes, for annexation of said property into the municipal limits of the City of Sanford; and Whereas, the subject property is approximately 8.25 acres in size and is generally addressed as 800 Martin Luther King Jr. Boulevard; and Whereas, the subject property is located on the west side of Martin Luther King Jr. Boulevard and is approximately 2,000 feet south of St Johns Parkway; and Whereas, the applicants are the fee simple title owners of all of said property being described by Tax Identification Parcel Numbers as follows: Tax Identification Parcel Number Owners 26-19-30-5AE-440A-0000 (Parcel 1) and 26-19-30-5AE-410A-0000 (Parcel 2) (Page Elizabeth S. Corso, Trustee, and Tammy Shoemaker, Trustee, and Alan D. Shoemaker 26-19-30-5AE-4100-0000 (Parcel 3) Lars Eriksson M Whereas, upon annexation, it is the intent of the property owners to obtain utility services in order to develop the property for commercial use; and Whereas, City staff and the Development Review Team (on April 24, 2018) 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 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 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 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 2Page census effect and the affected land area. ; and 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 parcels of land assigned the Tax Identification Parcel Numbers as set forth above and being specifically described as set forth below, together with all right-of-way of Martin Luther King Jr Boulevard abutting the said property as well all that right-of-way of the Central Florida Greeneway (State Road 417) abutting the annexed property and including, but not limited to, that road described in Official Record Book 3667, Page 1946 of the Public Records of Seminole County; all of said property being situated in Seminole County, Florida: Parcel 1: North 1/2 of Blocks 40 and 41, MM SMITHS SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Pages 55, of the public records of Seminole County, Florida. Parcel 2: That part of the South 1/2 of Blocks 40 and 41 (less the East 625) Lying North and East of State Road 417, MM SMITHS SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Pages 55, of the public records of Seminole County, Florida. Parcel 3: East 590' of South 1/2 of Block 41, MM SMITHS SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Pages 55, of the public records of Seminole County, Florida. (See Exhibit "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. 3 1 P a a e (c). The property owners 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 owners of the annexed property fully understands that they and their 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. Water will need to be extended to the annexed property during the course of development or sooner and is located about 800 feet north of the property. Gravity sewer is available from Martin Luther King Jr. Boulevard. The property owners 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 owners are requesting annexation to obtain utility services in order to develop the property for commercial use. 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 owners 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 agencies and entities as may be required by law or otherwise desirable. 4Paae (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. Section 7. Effective Date. This Ordinance shall take effect immediately upon passage and adoption. Passed and adopted this 11th day of June, 2018. Attest: �'��®�, City Commis ion of City of Sanford, FI id City Clerk v Jeff Triplett,T'Tcr-11tuachin, r For use and reliance of the Sa 't'. 1$� City Commission only. ADr)roved.,as to form and leaality 'illiam L. Colbert, CitrAtt^ey ®,Jeri/ Page '4 __ EXHIBIT "A" MINES W -A- Jh Wiwi, — 51" M ---------- PARCEL 1 LEGAL DESCRIPTION: PARCEL 2 LEGAL DESCRIPTION: N 1/2 of Blocks 40 & 41 ( Less Road described That part of the S 1/2 of Bocks 40 & 41 in ORB 3667/1946) MM SMITHS SUBDIVISION, (Less E 625 FT) Lying N & E of SR 417, according tothe plat thereof as recorded in Plat MM SMITHS SUBDIVISION, according to Book 1 , Page 55, of the public records of the plat thereof as recorded in Plat Book 1, Seminole County, Florida. Page 55, of the public records of Seminole County, Florida. A ---------- PARCEL 3 LEGAL DESCRIPTION: E 590 Ft of S 1/2 OF BLK 41 (Less RD Described in ORB3667/1946) MIME Ron MI RIME MM SMITHS SUBDIVISION, ■ MM 0 0 according to the plat thereof as ME N recorded in Plat Book 1, Page 55, IUA w'! lei a K4121 III of the public records of Seminole 11111 County, Florida. IMANNO N(D CL PROPERTY I.D.# PROPERTY OWNER PROPERTY ADDRESS PROPERTY ZONING ACRES COUNTY CITY 1 26-19-30-5AE-40OA-0000 ELIZABETH S CORSO TR VACANT MARTIN A-1 AG 6.62 & TAMMY S. HANES TR & LUTHER KING JR BLVD 2 26-19-30-5AE-410A-0000 ALAN D. SHOEMAKER A-1 AG 1.38 3 26-19-30-5AE-4100-0000 LARS ERIKSSON 800 MARTIN LUTHER A-1 AG 0.25 KING JR BLVD 4�FORp � • O CITY COMMISSION MEMORANDUM 18.121.1 JUNE 1 1, 2U 18 To: PREPARED BY: SUBMITTED BY: SUBJECT: WS RM V Item No. I ! - I Honorable Mayor and Members of the City Commission Jordan Smith, AICP, PP, Senior Planner Traci Houchin, CMC, FCRM0 Norton N. Bonaparte, Jr., City Manager Annexation of 8.22 acres located at 800 artin Luther King Jr Blvd; Owner: Elizabeth S. Corso, John C. rso Jr., Tammy and Alan Shoemaker, and Lars J. Eriksson 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 owners, Elizabeth S. Corso, John C. Corso Jr., Tammy and Alan Shoemaker, and Lars J. Eriksson, to voluntarily annex 8.22 acres located at 800 Martin Luther King Jr Boulevard, is being requested. FISCAL/STAFFING STATEMENT: According to the Property Appraiser's records, the subject properties are vacant. Based on the 2017 property tax roll, the existing property has an assessed value of $18,299. The total tax bill for the property in 2017 was $6,154.48. If annexed, the property would be assessed the City's millage rate and generate an estimated $45 in ad valorem taxes. Under existing conditions the municipal costs will be minimal, while tax revenue would increase by $45. Upon, annexation, it is the applicant's intent to use the property for commercial purposes which would require a rezone, however, it will facilitate new non-residential construction and additional tax revenue to the City. The property is not within a Planning Area of the 2015 Seminole County/City of Sanford Joint Planning Area. BACKGROUND: The above referenced property is located in unincorporated Seminole County on the west side of Martin Luther King Jr. Boulevard and is approximately 2,000 feet south of St Johns Parkway. Existing Use Vacant Proposed Use Multi -Use Retail and Office Parcel Number 26-19-30-5AE-440A-0000 (Parcel 1) 26-19-30-5AE-410A-0000 (Parcel 2) Upon annexation, the property will be in City Commission District 2. The Development Review Team (DRT) reviewed the request for annexation on April 24, 2018 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. Water will need to be extended to the property by the developer, located about 800 feet north of the property. Gravity sewer is available from Martin Luther King Jr. Blvd. 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 owners, Elizabeth S. Corso, John C. Corso Jr., Tammy and Alan Shoemaker, and Lars J. Eriksson, are requesting annexation to obtain utility services in order to develop the property for commercial use. The City Commission approved the first reading of Ordinance No. 4457 on May 14, 2018. The City Clerk published notice of the 2°a Public Hearing in the Sanford Herald on May 27, 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. 4457, to annex 8.25 acres bearing the address 800 Martin Luther King Jr Boulevard as legally described into the City of Sanford. SUGGESTED MOTION: "I move to adopt Ordinance No. 4457." Attachments: Ordinance No. 4457 Exhibit "A" 26-19-30-5AE-4100-0000 (Parcel 3) Parcel Size 8.25 Acres Existing Future Land Use Designation (County) A-1, Agriculture Proposed Future Land Use Designation (City) AG, Agriculture Existing Zoning (County) LDR, Low Density Residential Proposed Zoning (City) LDR-SF, Low Density Residential — Single Family Upon annexation, the property will be in City Commission District 2. The Development Review Team (DRT) reviewed the request for annexation on April 24, 2018 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. Water will need to be extended to the property by the developer, located about 800 feet north of the property. Gravity sewer is available from Martin Luther King Jr. Blvd. 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 owners, Elizabeth S. Corso, John C. Corso Jr., Tammy and Alan Shoemaker, and Lars J. Eriksson, are requesting annexation to obtain utility services in order to develop the property for commercial use. The City Commission approved the first reading of Ordinance No. 4457 on May 14, 2018. The City Clerk published notice of the 2°a Public Hearing in the Sanford Herald on May 27, 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. 4457, to annex 8.25 acres bearing the address 800 Martin Luther King Jr Boulevard as legally described into the City of Sanford. SUGGESTED MOTION: "I move to adopt Ordinance No. 4457." Attachments: Ordinance No. 4457 Exhibit "A"