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Ordinance No. 4028
An ordinance of the City of Sanford, Florida relating to property
(approximately 0.20 acre in size) located at 2521 Sanford Avenue within the
City of Sanford and rezoning said property from SR-1, Single Family
Residential, to RC-1, Restricted Commercial; providing for legislative
findings and intent; providing for the taking of implementing administrative
actions; repealing all conflicting ordinances; providing for severability;
providing for non-codification and providing for an effective date.
Whereas, Theodore & Jessica Evering, the owners of certain real property, totaling
approximately 0.20 acres in size and located at 2521 Sanford Avenue (Tax Parcel Identification
Number 06-20-31-502-0100-0210), applied to the City of Sanford, pursuant to the controlling
provisions of State law and the Code of Ordinances of the City of Sanford to have their property
rezoned to the RC-1, Restricted Commercial, zoning classification to accommodate a
commercial office for Evering Industries; and
Whereas, City staff has reviewed and has subsequently recommended approval of the
proposed rezoning to the RC-1 zoning classification subject to certain conditions; and
Whereas, on August 17, 2006, the Planning and Zoning Commission recommended the
application be approved subject to conditions; and
Whereas, the City Commission has determined that the proposed action of rezoning the
subject property to the City's RC-1 zoning classification is consistent with the Comprehensive
Plan of the City of Sanford, the land development regulations of the City of Sanford, and the
controlling provisions of State law; and
Whereas, the City Commission of the City of Sanford, Florida has taken all actions
relating to the rezoning action set forth herein in accordance with the requirements and
procedures mandated by State law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
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(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 relating to the proposed rezoning
of the subject property.
(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.
(d). Development pursuant to the rezoning to the RC-1, Restricted Commercial,
zoning classification shall comply with the City's Land Development Regulations and the
conditions as applied.
(e). This rezoning action will not adversely affect the orderly development of the City
of Sanford.
(t). The zoning of the subject property to the RC-1 zoning classification will not
adversely affect the health and safety of the residents or workers in the area proximate to the
property described in this Ordinance and will not be detrimental to the use of adjacent properties
or the general area within which the subject property is located.
Section 2. Rezoning of Real Property/Implementing Administrative Actions.
(a). Upon enactment of this Ordinance, and the implementing actions relating to the
zoning as set forth herein, the following property shall be rezoned to the RC-1 zoning
classification and the application to rezone the subject property, as aforesaid, is hereby adopted
and approved by the City Commission of the City of Sanford:
Legal description attached as Exhibit "A".
(b). The City Manager, or designee, is hereby authorized to execute the documents
necessary to formalize approval of the rezoning action taken herein.
(c). The Development Order relating to this rezoning action shall be drafted, if
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determined to be necessary, by and implemented by the City Attomey and City staff subsequent
to City Commission action which development order shall provide for the following conditions:
1. A separate public hearing for a conditional use approval for urban infill is not required;
2. A development plan drawn by a Florida registered engineer shall be submitted, reviewed
and approved by City staff prior to any construction on site or any use of the building as
a commercial operation;
3. Urban infill redevelopment flexibility may be exercised in the design of the site, but if City
staff and the applicant are unable to work out specific details, the request will be
retumed to the Planning and Zoning Commission for its review.
4. No use or occupancy of the building or site is permitted or lawful until all required
improvements to the site and building has been completed and approved by the City;
5. No parking is allowed in the front yard/buffer area;
6. Decorative fencing and landscaping shall be installed and maintained along the north
and south property lines; and
7. Outside storage or display on site is prohibited and unlawful.
(d). The development order relating to this project and property, if required, shall,
subsequent to appropriate execution, be recorded in the Official Records of Seminole County,
Florida (Land Records) by the City Clerk.
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 be not be codified in the City Code
of the City of Sanford or the Land Development Code of the City of Sanford; provided, however,
that the actions taken herein shall be depicted on the zoning maps of the City of Sanford by the
City Manager, or designee.
Section 6. Effective Date. This Ordinance shall take effect immediately upon passage
and adoption; provided, however, that that subject property shall not be deemed to be assigned
the PD zoning classification until all implementing actions are taken as set forth herein.
Passed and adopted this 13th day of November, 2006.
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City Commission of the City of
Sanford, Florida
Attest:
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Linda Ku n, Mayor
Certificate
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a
true and correct copy of the foregoing Ordinance No. 4028, Passed and Adopted by the City
Commission of the City of Sanford, Florida, on the 13th day of November, 2006, was posted at
the front door of the City Hall in the City of Sanford, Florida, on the 15th day of November, 2006.
9a/ftL'fr< .ilu"
;Janet R. Dougherty
As the City Clerk of the City
of Sanford, Florida
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Exhibit A
Parcel # 06-20-31-502-0100-0210
Address: 2521 Sanford Avenue
Legal Description:
LEG S 14.3 FT OF LOT 21 + ALL LOTS 22 + 23 (LESS RD)
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