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4622 Annex 3.35 Acres - 3883 Church StreetOrdinance No. 2021-4622 An ordinance of the City of Sanford, Florida, annexing petition certain real property (Tax identification Parcel 30-6AC-0000-066A, which is generally addressed as Street located contiguous to the City of Sanford associated rights-of-way within the area of the annex accordance with the voluntary annexation provisioi 171.044, Florida Statutes; redefining the boundaries Sanford to include said property; amending the bou City in accordance with the provisions of Section 1( Statutes; providing for findings; providing for condit! the City Clerk to record the ordinance with the Clerk Court, with the Chief Administrative Office of Semino with the Department of State; providing for legal des I by voluntary Jumber 16-19- 3883 Church together with :d property in is of Section Df the City of idaries of the 6.031, Florida Dns; directing of the Circuit e County and ,ription 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 Number by the Seminole County Property Appraiser: Tax Identification Parcel # Owner 16-19-30-5AC-0000-056A ; and IVIJ Wellington Associates LLC Whereas, the managers of IVIJ Wellington Associates LLC are Ume Abeeha Jiwa and Murtaza Jiwa; and Whereas, above stated property owner applied for annexation of property into the municipal limits of the City of Sanford pursuant to Section 171.044, Florida Statutes; and Whereas, the subject property i, aggregate) and is generally addressed as south side of Church Street, approximately and approximately 3.35 acres in size (in the 3883 Church Street and is located on the 1,000 feet west of North White Cedar Road; Whereas, the subject property is located within sub -area 8 of the 2015 Seminole County/City of Sanford Joint Planning Agreement; and GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2021129226 Bk:10057 Pg:633-641(9Pgs) REC: 09/29/2021 3:17:31 PM by qjones RECORDING FEES $78.00 11 P 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 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 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: ; and 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. Whereas, the map and the legal description attached hereto as Exhibit "A" 2' P a g e 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: 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, together with all rights-of-way of Kentucky Street between Skyway Drive and Sipes Avenue, all rights of way of Skyway Drive between Eaglewoods Trail and Kentucky Street, all rights of way of Eaglewoods Trail between Skyway Drive and the unnamed right-of-way abutting Parcel 3 to the west, and all of the unnamed right-of-way between Eaglewoods Trail and Kentucky Street, all to the extent such rights-of-way are not currently located within the City Limits of the City, said property being situated in Seminole County, Florida: In Section 16, Township19 South, Range 30 East: the west 200 feet of Lot 56, ST JOSEPHS, according to the plat thereof as recorded in Plat Book 1, Page 114, of the Public Records of Seminole County, Florida.. (See Exhibit "A" (map). (Tax Identification Parcel Number 16-19-30-5AC-0000- 056A). , 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). 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 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 requirements. Upon annexation, it is the property owner's intent to construct a single-family residential structure on the annexed property. The property owners are requesting annexation in order to obtain utility services which will enable the development of a residential development. Potable water service and reclaimed water service are available from East Lake Mary Boulevard. Sewer connection shall be to the existing City lift station on 3 1 P a g e Skyway Drive. (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. 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 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. (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. 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 41 Page 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. 5 1 Page Passed and adopted this 27th day of September, 2021. Attest: Traci Ho4efNn,MMC-, F City Commission only. Approved as to form and legality. it L. Colbert City Attorney City Commission of Sanford, Fl9rid.1 , ayor e City of 6 1 F' a €-.; (1, EXHIBIT "A" .............. ............ ............ LEGAL DESCRIPTION: W 200 Ft of Lot 56 ( LESS RDS (L ST JOSEPHS, according to the plat thereof as recorded in Plat Book 1, Page 114, of the public records of RIC 0 Seminole County, Florida. RIC<C F- .......... ................ 7 : .............. ........ ....... ............. . .. ......... I LU.................. ........... 0 ............... .... .. ........ .. Ix z 0 ... ........... ............ ........ .............. ............. ........... ... .... ........... ............. ......... RE 0 ...... .......... ANNEXATION:,:,:,:::.:,:::::,: 6F ...... ............ REQUEST ............. ............ ................ ......... ....... .. ...... MAER WAY ........... .......... ............ .................. ................ . ....... ................. ff:::::: ................ ........... . .... .............. ........... .. ............ ........ ............ I..... �.-: ... ...... ............ .......... ........ ......................... ...... ........... ... . .... .. .......... I ..... . ...... ; 1. .. . I ............ ............... ............... .............. ............ ....... . ..... ............. ... ... .............. ............. .... .. ..... . ..... ... . . ..... .......... ....... .. ...... .. ...... ............. .. ...... .. . . ......... ... PROPERTY I.D.# I PROPERTY OWNER 16-19-30-5AC-0000-056AI MJ WELLINGTON ASSOCIATES LLC PROPERTY ADDRESS 3883 CHURCH STREET PROPERTY ZONING ACRES COUNTY CITY A-1 AG 3.35 I CITY COMMISSION MEMORANDUM 21.194 SEPTEMBER 27, 2021 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP — Acting Planning DjW1or SUBMITTED BY: Norton N. Bonaparte, Jr., City 1c Manage , SUBJECT: Annexation of 3.35 acres located r3883 Wellington Associates, LLC STRATEGIC PRIORITIES: F] Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: WS RM Item No. q. C Street; Owners: MJ A request by the property owners, MJ Wellington Associates, LLC, to voluntarily annex 3.35 acres located at 3883 Church Street, is being requested. The authorized members of the limited liability company are Ume Abeeha Jiwa and Murtaza Jiwa. FISCAL /STAFFING STATEMENT: According to the Property Appraiser's records, the subject property has a single-family residential house of approximately 1,800 square feet that was built in 1918 and refurbished in 1960 and an accessory structure of 3,000 square feet built in 1998. Based on the 2020 property tax roll, the subject property has a total assessed value of $424,488. The tax bill in 2020 was $5,906.07.10. If annexed, the property would be assessed the City's millage rate and generate additional taxes. Upon annexation, it is the applicant's intent to develop industrial use on the property. In addition to the annexation, industrial development would require a rezone; however, it will facilitate new non-residential construction and additional tax revenue to the City. BACKGROUND: The 3.35 acre site is located on the south side of Church Street, approximately 1,000 feet west of N. White Cedar Road. Existing Use Single Family Residential Proposed Use Industrial Parcel Number 16-19-30-5AC-0000-056A Parcel Size 3.35 acres Existing Future Land Use Designation (County) HIP -TI, High Intensity Planned Developm nt — Target Industry Proposed Future Land Use Designation (City) WIC, Westside Industry and Commerce Existing Zoning (County) -FA--IAgriculture Corresponding Zoning (City) I AG, Agriculture Upon annexation, the property will be in City Commission District 2. The subject properties are located within sub -area 8 of the 2015 Seminole County/City of Sanford Joint Planning Agreement. 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. Only City water is available, City sewer is not available to this site. The property owner shall be responsible for extension of all available utilities to the property and payment of all impact and connection fees associated with obtaining utility services from the City. The property owners, MJ Wellington Associates, LLC, are requesting annexation of the 3.35 acres to obtain utility services in order to develop the property for future industrial use. 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. 4622 on September 13, 2021. The City Clerk published notice of the 2"a Public Hearing in the Sanford Herald on September 19, 2021. RECOMMENDATION: It is staff's recommendation that the City Commission adopt Ordinance No. 4622. SUGGESTED MOTION: "I move to adopt Ordinance No. 4622." Attachments: Ordinance No. 4622 Exhibit "A"