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4725 Annexation 19.90 Acres - 3850 Sipes AvenueOrdinance No. 2023-4725 An ordinance of the City of Sanford, Florida, annexing by voluntary petition certain real property (Tax identification Parcel Number 17-20- 31-300-0010-0000 which is generally addressed as 3850 Sipes Avenue located contiguous to the City of Sanford together with associated rights-of-way within the area of the annexed property 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 Number by the Seminole County Property Appraiser: Tax Identification Parcel Number Owner Jesus Image, Inc. ; and Whereas, the subject real property (a site 19.90 acres in size) is addressed as 3850 Sipes Avenue; 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 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 GRANT MALOY, SEMINOLE COUNTY CLERK OF CIRCUIT COURT & COMPTROLLER CFN# 2023023767 Bk:10406 Pg:63-70(8Pgs) REC: 03/16/2023 8:41:37 AM by jeckenroth RECORDING FEES $69.50 I I P a g e 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: 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. ; and Whereas, the map and the legal descriptions attached hereto as Exhibit "A" 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: 21 Page 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 Number set forth above and below, together with all rights-of-way of Sipes Avenue from Pine Way to East Lake Mary Boulevard, all to the extent such right-of-way is not currently located within the City Limits of the City, said property being situated in Seminole County, Florida: Tax Parcel Identification Number 17-20-31-300-0010-0000 (See Exhibit "A" (map)). , 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). Upon annexation of the subject real property, it is the property owner's intent to develop a house of worship. The subject real property does not have access to City water service or wastewater service at this time and, in order to obtain such services, the property owner would be required to extend an 8 inch water main and a 6 inch sewer force main from Lake Mary Boulevard. 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, extending, connecting, sizing 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 and system requirements as well as the requirements of controlling State law. The property owner shall be responsible for any and all costs and expenses relating to the routing any and all lines to the subject property and for providing any necessary facilities and equipment including, but not limited to, the granting of utility easements to the City as may be determined to be necessary by the City. (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 31 Page 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 enactment 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. Also, in accordance with the provisions of Section 171.091, Florida Statutes, a copy of the document submitted to the Florida Department of State 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. 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 41 Page 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 13th day of March, 2023. Attest: �,;� ":� City Commission of t e City of Sanford, Florid Traci Houchin, MMC, FCRM r;`F; A oodr ff Cit Clerk ` City „� �"� Mayor For use and reliance of the Sanford City Commission only. Approved as to form and legality. William L. Colbert, City Attorney 51 Page EXHIBIT "A" .............................. LEGAL DESCRIPTION: Section 17 Township 20S Range 31 E N 1/2 of SE 1/4 of NE 1/4 (LESS RD) FBI E. LAKE MARY BLVD I PROPERTY I.D.# 117-20-31-300-0010-0000 PROPERTY OWNER JESUS IMAGE INC PROPERTY ADDRESS 3850 SIPES AVE PROPERTY ZONING ACRES I COUNTY CITY A-1 I AG 1 19.9 WS RM X CITY OF Item No. 7• - SkNFORD FLORIDA CITY COMMISSION MEMORANDUM 23.046 MARCH 13, 2023 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP — Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM ty ger SUBJECT: Annexation of 19.90 acres at address 3850 Sipes enue Property Owner: Jesus Image Inc. 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 owner, Jesus Image Inc., to voluntarily annex 19.90 acres located at project address 3850 Sipes Avenue, has been received. FISCALISTAFFING STATEMENT: According to the Property Appraiser's records, the property is developed with a single-family residence with an assessed tax value and total tax bill for 2022 shown below: Parcel Number Assessed Value (2022) Tax Bill (2022) Property Status 17-20-31-300-0010-0000 $1,069,671 $18,459 Single-family Residence Upon annexation, it is the applicant's intent to develop the parcel with a house of worship. If annexed, the proposed use will have minimal impact on public facilities and services. BACKGROUND: The 19.90 acre site is located in within unincorporated Seminole County on the west side of Sipes Avenue, between Pine Way and Eagle View Cove. Existing Use Single -Family Residential Proposed Use House Of Worship Parcel Number 17-20-31-300-0010-0000 Parcel Size(s) 19.90 Acres Existing Future Land Use Designation (County) SE, Suburban Estates Proposed Future Land Use Designation (City) SE, Suburban Estates Existing Zoning (County) A- 1, Agriculture Equivalent Zoning (City) AG, Agriculture Proposed Zoning (City) AG, Agriculture Upon annexation, the property will be in City Commission District 1. 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 does not have access to City Water or Sewer at this time. In order to obtain water and sewer service, the property owner would have to extend an eight -inch water main and six-inch sewer force main from Lake Mary Blvd. The developer shall be responsible for up sizing existing utilities required to meet all utility specifications at their cost. All utility lines, water, sewer, and reclaim shall be installed per the City Utility Manual specifications and requirements. Any improvements required to the City's sewer 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 a House of Worship. 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 No. 4725. The City Commission approved the first reading of Ordinance No. 4725 on February 27, 2023. The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on March 5, 2023. RECOMMENDATION: City staff recommends that the City Commission adopt Ordinance No. 4725. SUGGESTED MOTION: "I move to adopt Ordinance No. 4725." Attachment: Ordinance No. 4725 with Exhibit "A".