HomeMy WebLinkAbout4188 Amending Comp Plan
Ordinance No. 4188
An ordinance of the City of Sanford, Florida, amending
Ordinance Number 3528 (City of Sanford
Comprehensive Plan) as previously amended; providing
for legislative findings and the adoption of a
map/exhibit; providing for a small scale amendment of
the Future Land Use Map of the Future Land Use
Element of the City of Sanford Comprehensive Plan with
regard to property approximately 1.79 acres in size and
located at 540 Pecan Avenue (Tax Parcel Identification
Number 25-19-30-5AG-0714-0010); providing for
severability; providing for ratification of prior acts of the
City Commission; providing for codification; providing
for conflicts and providing for an effective date.
Whereas, Men, Women & Youth in Action USA, Inc. is the owner of certain real
property, totaling approximately 78,012 square feet (1.79 acres) in size and located at
540 Pecan Avenue; and
Whereas, the property owner 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
to amend the Future Land Use Plan Element referenced as the Future Land Use Map
future by changing the land use designation assigned to the subject property under the
City of Sanford Comprehensive Plan from Industrial to Medium Density Residential -
15; and
Whereas, the site includes the entire block between Pecan and Avocado
Avenues and 5th and 6th Streets and contains an industrial building complex currently
used by a community resource facility for which, on October 27, 2008, the City
Commission waived the distance requirement for the community resource facility; and
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Whereas, sites to the north and east of the subject property are located in the
high density residential future land use designation; to the west and south the future
land use designation is Medium Density Residential - 15; and the property is
surrounded by multi-family housing complexes and single family homes; and
Whereas, the request for an amendment to the land use designation is
appropriate for the location and is consistent with Policy 1-3.2.1 of the City of Sanford
Comprehensive Plan which contains the criteria for evaluating map amendments; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on July 16, 2009, to consider approval of a
small scale amendment to the Future Land Use Map Of The Future Land Use Plan
Element of the City of Sanford Comprehensive Plan; and
Whereas, the City Commission, as the City's governing body, with regard to
small scale development amendments adopted pursuant to Section 163.3187, Florida
Statutes, need only hold one public hearing which shall be an adoption hearing and
such hearing was held on August 10, 2009, to consider the small scale amendment to
the City of Sanford Comprehensive Plan; and
Whereas, the City of Sanford has complied with all requirements and procedures
of Florida law and has conducted all reviews and analysis in accordance with the
controlling provisions of State law.
Now, therefore, Be It Enacted by the People of the City Of Sanford, Florida:
Section 1. Legislative Findings/Adoption of Map/Exhibit.
(a). The City Commission of the City of Sanford hereby finds and determines
that this Ordinance is internally consistent with the goals, objectives and policies of the
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City of Sanford Comprehensive Plan and other controlling law to include, but not be
limited to, Chapter 163, Florida Statutes, and the provisions of the State
Comprehensive Plan as codified at Chapter 187, Florida Statutes.
(b). The materials presented to the City Commission (agenda memorandum
and other materials submitted) by City staff are hereby adopted by the City Commission
as support for the actions taken herein.
(c). The map/exhibit that is attached to this Ordinance is hereby incorporated
herein by this reference thereto as if fully set forth in this Ordinance.
Section 2. Small Scale Amendment to Future Land Use Map.
That portion of the Future Land Use Plan Element referenced as the Future
Land Use Map is hereby amended by changing Future Land Use Plan Element as set
forth in the Future Land Use Map as attached hereto and the change made therein are
hereby made a part of the City of Sanford Comprehensive Plan. The amendment
relates to property located at 540 Pecan Avenue and assigned Tax Parcel Identification
Number 25-19-30-5AG-0714-0010. The amendment changes the future land use
designation assigned to the subject real property from Industrial to Medium Density
Residential - 15.
Section 3. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to impair the validity, force or
effect of any other action or part of this Ordinance.
Section 4. Codification.
It is the intention of the City Commission of the City of Sanford, Florida, and it is
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hereby ordained that the provisions of this Ordinance shall be effectuated and become
and be made a part of the Future Land Use Map of the City of Sanford Comprehensive
Plan and may be made a part of the Code of Ordinances of the City of Sanford, Florida
as set forth in codification instructions provided in prior legislative actions of the City
Commission to the Code codifier (as a separate volume or otherwise); that the Sections
of this Ordinance may be renumbered or re-Ietlered to accomplish such intention; that
the word, "Ordinance," may be changed to "Section," "Article," or other appropriate
words; and that the Code codifier is granted broad and liberal authority to codify this
Ordinance to include, but not be limited to, separate volumes of the Codes and
ordinances of the City.
Section 5. Conflicts/Ratification of Prior Actions.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
The prior actions of the City Commission and its agencies in enacting and amending
the City of Sanford Comprehensive Plan are hereby ratified and affirmed.
Section 6. Effective Date.
This Ordinance shall become effective, in accordance with the provisions of
Section 163.3187, Florida Statutes, thirty-one (31) days after enactment; provided,
however, if this Ordinance is challenged within thirty (30) days after enactment, this
Ordinance shall not become effective until the Florida Department of Community
Affairs, acting as the State Land Planning Agency, or the Administration Commission,
respectively, issues a final order determining that the small scale development
Comprehensive Plan amendment set forth in this Ordinance is in compliance.
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Passed and Adopted this 24th day of August, 2009.
Attest:
City Commission of the City of Sanford,
Florida
-:::P . ~ _"'-
<Linda ~~ )
Mayor
~< .fJJJ/~
anet R. Dougherty
City Clerk
For use and reliance of the Sanford
City Commission only.
Approv as to form and legalit .
&no o-r
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