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HomeMy WebLinkAbout4824 Rezone 0.16 acre 1609 Southwest RoadOrdinance No. 2025-4824 An ordinance of the City of Sanford, Florida providing for the rezoning of real property totaling 0.16 acres or 6,969 square feet in size (Tax identification Parcel Number 34-19-30-5AK-0B00-001D which is generally addressed as 1609 Southwest Road) within the City Limits (map of the property attached) from the Seminole County Retail Commercial (C-1) zoning classification to the City's General Commercial (GC-2) zoning district; providing for the taking of implementing administrative actions; providing for the adoption of a map by reference; repealing all conflicting ordinances; providing for severability; providing for non-codification and providing for an effective date. Whereas, Andre Jackson and Shuwan Jackson are the owners of certain real property which land totals approximately 0.16 acres or 6,969 square feet in size; and Whereas, _ the property owners implemented the Citizen Awareness and Participation Plan (CAPP) process to the satisfaction of the City relative to which the required CAPP report was submitted to the City and a CAPP meeting was held on November 22, 2024; and Whereas, the subject property is located at 1609 Southwest Road and is assigned Tax Parcel Identification Number 34-19-30-5AK-0B00-001D by the Property Appraiser of Seminole County; and Whereas, the subject property is located between Southwest Road and Roosevelt Avenue, and south of their intersections with Harrison Street; and Whereas, _ the proposed development is not impacted by the provisions of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA); and Whereas, the property owners are seeking to establish a_ single-family residence on the property and the proposed development will facilitate new residential construction in a residential area; and 1| Whereas, the property owners have 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 the subject property rezoned to the City’s General Commercial (GC-2) zoning district from the Seminole County Retail Commercial (C-1) zoning classification; and Whereas, the City’s Planning and Development Services Department has conducted a thorough review and analysis of the demands upon public facilities and general planning and land development issues should the subject rezoning application be approved and has otherwise reviewed and evaluated the application to determine whether is comports with sound and generally accepted land use planning practices and principles as well as whether the application is consistent with the goals, objectives and policies set forth in the City's Comprehensive Plan; and Whereas, on March6, 2025 the Planning and Zoning Commission of the City of Sanford recommended that the City Commission approve the subject rezoning as set forth in this Ordinance; and Whereas, professional City planning staff, the City’s Planning and Zoning Commission and the City Commission have determined that the proposed rezoning of the subject property as set forth in this Ordinance 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, as implemented by City staff, all actions relating to the rezoning action set forth herein in accordance with the requirements and procedures mandated by State law and all prior land use actions of the City are hereby ratified and affirmed. 2| Now, therefore, be in enacted by the People of the City of Sanford, Florida: Section 1. Legislative Findings and Intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the City staff report and City Commission agenda memorandum relating to the application relating to the proposed rezoning of the subject property as well as the recitals (whereas clauses) to this Ordinance. (b). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Rezoning of Real Property/Implementing Actions. (a). Upon enactment of this Ordinance the following described property, as depicted in the map attached to this Ordinance, and totaling 4.03 acres in size, shall be rezoned from the Single Family Residential (SR-1) zoning district/classification to the General Commercial (“GC-2”) zoning district/classification: Tax Identification Parcel Number Owners 34-19-30-5AK-0B00-001D Andre Jackson and Shuwan Jackson or: Part of Lot 1, Block B, plat of M M SMITHS 2ND SUBDIVISION, according to the plat thereof as recorded in Plat Book 1, Page 101, of the Public Records of Seminole County, Florida. (b). |The City Manager, or designee, is hereby authorized to execute any and all documents necessary to formalize approval of the rezoning action taken herein and to revise and amend the Official Zoning Map or Maps of the City of Sanford as may be appropriate to accomplish the action taken in this Ordinance. (c). Conditions of development relating to the subject property may be 3| incorporated into the subsequent pertinent development orders and development permits and such development orders and development permits may be subject to public hearing requirements in accordance with the provisions of controlling law. Section 3. Incorporation of Map. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. 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 determined to be invalid, unlawful, or unconstitutional. Section 6. Non-codification. This Ordinance shall 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. 4/5 Section 7. Effective Date This Ordinance shall take effect immediately upon Ordinance No. 2025-4822 and Ordinance No. 2025-4823 become effective. Passed and adopted this 14'" day of April, 2025. Attest: City Commission of the City of Sanford, a. CEOS 2 Tein ene Traci Houghip, MMC,FCRM * Art Woodruff / ity ANC emape prqved as to form and legality: h) N Warkteetbert, 1 Squire V ity Attorney Aon IE N: NOOF ACA 5|Page CITY OF SANFORD FLORIDA Business Impact Estimate This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City’s website by the time notice of the proposed ordinance is published. An ordinance of the City of Sanford, Florida providing for the rezoning of real property totaling 0.16 acres or 6,969 square feet acres in size (Tax identification Parcel Number 34-19-30-5AK-0B00-001D which is generally addressed as 1609 Southwest Road) within the City Limits (map of the property attached) from the Seminole County Retail Commercial (C-1) zoning classification to the City's General Commercial (GC-2) zoning district; providing for the taking of implementing administrative actions; providing for the adoption of a map by reference; repealing all conflicting ordinances; providing for severability; providing for non-codification and providing for an effective date. The City is of the view that the following exception(s) to the Business Impact Estimate requirement, that are checked off in a box below, apply to the above-referenced proposed ordinance. Although, the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed ordinance. O The proposed ordinance is required for compliance with Federal or State law or regulation; O The proposed ordinance relates to the issuance or refinancing of debt; O The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; O The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other financial assistance accepted by the O The proposed ordinance is an emergency ordinance; C] The ordinance relates to procurement; or x The proposed ordinance is enacted to implement the following: 1[Page a. Part Il of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include statement of the public purpose, such as serving the public health, safety, morals, and welfare): This is a rezoning ordinance which was enacted upon application of the property owner. 2. Estimate of direct economic impact of the proposed ordinance on private, for-profit businesses in the City: None. 3. Estimate of direct compliance costs that businesses may reasonably incur: None. 4. Any new charge or fee imposed by the proposed ordinance: None. 5. Estimate of the City’s regulatory costs, including estimated revenues from any new charges or fees to cover such costs: The effect of the proposed ordinance, which was enacted upon application by the property owner, should enhance the economic goals and investment backed expectations of the property owner. 2| 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 7. Additional information Reference to the City staff report/agenda memorandum and the public hearings on the proposed ordinance may be of assistance. 3|° a Po OSEORD >. a SO cf om PROJECT INFORMATION — 1609 SOUTHWEST ROAD ae) 2 REZONE TO GENERAL COMMERCIAL (GC-2) Requested Action: Rezone of 0.16 acres or (6,969 square feet) at project address 1609 Southwest Road from Retail Commercial (C-1) (Seminole County) to General Commercial (GC-2) (City of Sanford) at 4060 East State Road 46. Proposed Use: Single-family Residence Project Address: 1609 Southwest Road Current Zoning: Retail Commercial (C-1) Proposed Zoning: General Commercial (GC-2) Current Land Use: Vacant Residential Tax Parcel Number: 34-19-30-5AK-0B00-001D Site Area: 6,969 Square Feet OR (0.16 Acres) Property Owner: Andre and Shuwan Jackson P.O. Box 470013 Lake Monroe Lake Monroe, FL 32747 CAPP Meeting: A CAPP meeting was held on November 22, 2024 Commission District: District 2 — Commissioner Kerry S. Wiggins Sr. COMPREHENSIVE PLAN COMPLIANCE REVIEW Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Future Land Use: Commercial (COM) Proposed Future Land Use: General Commercial (GC) Existing Land Use: Vacant Residential | | ‘A 4 —_—~~ Zoning Sanford MR-2 (Multiple-Family Residential) RC-1 (Restricted Commercial) SR-1 (Single Family Dwelling Residential) SR-1A (Single Family Dwelling Residential) Seminole County R-1 (Single-Family Dwelling) R-2 (One and Two-Family Dweling) C-1 (Retail Commercial) HARRISON STREET: 16TH STREET SITE RO O S E V E L T AV E N U E TA N G E R I N E AV E N U E Site 1609 Southwest Road 34-19-30-5AK-0B00-001D 34-19-30-5AK- 4 1609 Southwest Road 0B00-001D Site AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT Piease use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: |, Ownership , I, fad re = Shuwan J Ac kKSsov7 _ hereby attest to ownership of the property described below: Tax Parcel Number(s); 44 - 19 - 2O-SAK-OBOO -OOID Address of Property: (C20 G Southwest RoA dd. Sanferal, FU 322771 for which this Coun 9 M/A A ard), ke Bola application is submitted to the City of Sanford. . Designation of Applicant’s Agent (leave blank if not applicable) As the owner/applicant of the above designated property for which this affidavit is submitted, | designate the below named individual as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my company, | attest that the application is made in good faith and that all information contained in the application is accurate and complete to the best of my personal knowledge. Applicant's Agent (Print): Signature: Agent Address: Email: Phone: Fax: lit. Notice to Owner A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit. If ownership changes, the new owner assumes all obligations related to the filing application process. B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s) below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a jand use compliance certificate, etc.) The owper of the real property associated with this application or procurement activity is a (check one) Arana a Corporation a Land Trust a Partnership a Limited Liability Company a Other (describe): 1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and address. 2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation: and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders need not be disclosed if a corporation's stock are traded publicly on any national stock exchange. 3. Inthe case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information required in paragraph 2 above. Name of Trust: UM PLANNING & DEVELOPMENT Y SERVICES DEPARTMENT 4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above. 5. For each limited liability company. list the name, address, and titie of each manager or managing member; and the name and address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or more membership interest, manager, of managing member is a corporation, trust or partnership, please provide the information required in paragraphs 2, 3 and/or 4 above. Name of LLC: 6. in the circumstances of a contract for purchase. list the name and address of each contract purchaser. If the purchaser is a corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above. Name of Purchaser: Date of Contract: NAME TITLE/OFFICE/TRUSTEE ADDRESS % OF OR BENEFICIARY INTEREST (Use additional sheets for more space.) 7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shail be disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains. 8. | affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. | understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non- responsive. | certify that | am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures herein. I [18/2005 Cyd 26 [Pharos ae /Oot, Date Owner, Agent/Applicant Signature STATE OF FLORIDA ) COUNTY OF SEMINOLE) | HEREBY CERTIFY that on this oe before me, an officer duly authorized to administer oaths and. take 4 pct wieggrnges, personally appeared Ward gud i cha { } who is personally known to me or {7 who produced _/“ oy Lhe, Dri 4 as identification arid acknowledged Sry me that s/he executed the pre Sworn and subscribed poh! ee Sn by means of {¥ ‘physical presence or { } online notarization on the Le day of Ua von, said person person did take an oath and was first duly sworn by me, on oath, said person, further, deposing and saying that s/he he read peep foregoing and that the statements and allegations contained herein are true and correct WITNESS my hand and official seat in the County and State last aforesaid | this om ‘day of J“! i , 20%. 2025 | , >said thi we Zz t fe | Notary Pabilic ic: State of Florida ; ee (Affix Notarial Seal FEE Me. OLIVER MANZANO PEREZ sz, Notary Public - State of Flori¢a Printed Name. Adc 0 6)! Commission # HH 110814 Affidavit of Ownersnip - February 2020 7 My Comm. Expires Mar 29, 2025 clam Deen RAMCO PORTE a Retern Ww; (eucteee prll-obGreseed oLamged euvelaps) Sruwarnt JacKscons ome DO) Box 4 70013 LME Monroe, FL 32747 ‘Thie Instrument Moms: Abtrees Oraperty Aypreisers Pascal dweti fication Defoe Mesmiberts): Orwotaeiel I.E # (v0 WUT RTP TIP INO RTe VT we WARVOOE Mite, CER CIMT Das SEMINAE LAMY BK 96035 PG 1-4! CLERK’S @ atarie: 335% POMMED 12/22/20 121928 4 a DEED BAC TAX 0.7 RECORDING FLES 10. 00 FECORDD BY t holies SPACE ABOVE THIS LINE POR PROCESSING DATA LUS SPATS ABOVE THIS LINE POR GEO ADUIG DATA OO em his Guts Gilat Ai Executed the _ 1A aay of Mae — BES, by Ha first party, to Shuman ACE Som whose post office address is PO Ow U1OO1Ss LOVE Monroe . EL Bote. second party. 6 10{ above written. ignad \ealed end delivered ‘oy roby Q Sere Re a a leq PT LT Z RIK Bese ws Beg 27? 0.39475 : Cen OF Mo45T + Rooseve AVE Run WS3 DEF HE mir Bo fer IRTAG PT $326 WM min po See WP74.6FT SSI FET 45 mI 30 Ser EF 1gq.29 EW 42.9FT To Beg Mm Sriiras Subd Pi? 2 Swann Cheshi la {Witerever vend herein We terme “hrgt party” and ‘eevend party’ ‘Achade eff he gurties le Mt meihanent ord ihe hows. iegai repvecemistres ind mwgne finds dass. 07.9 Ihe Successors end exepria 01 Corparenons wherever Ihe Contes! Ee admits oF reqeres.) Wituesseth, That che first party, for and in consideration of the sum of $ @ oe in hand paid by the said second party,the receipt whereof is hereby acknowledged, does hereby remisr, retease, and quit claim unto the second party forever, all the right, title, interest, claim and demand which the said first party in to the following described lot, piece or parcel of, |, situate, lying and being in the County of re aed State of im to wit. easel of 277 Wo Mabe and to Bold The same together with all ond singular the appurtenances thereunto helunging or in anywise appertaining, and all the estate, right, sitle, interest, lien, equity and claim whatsoever of the said first party, either in law or equity to the only proper use, benefit and behoof of the said second parry forever. an Mitness hereof, the said first party has signed and sealed these presents the day und year first unsa Cbushely OWA» erie Pribaus a OF er m De s i g n , to m i a n t e Pu p s & Pr i n t i n g Co _ lec . , 19 0 4 Book6033/Page1445 executed the sama, and sn oath was not in. (Check cae:) O Seid jafeee memrecealine - O Sed persom) provited the following type of idsatificasion: L te . Priessd Meme cc B) Ne Pied Nema ‘Wisse Signmmre (0 Ca-Crenser, {f any) Pam Office Addems Prinasd Meme STATE OF EL i I bereby Certify thet om this day, bef oa , before me, as office: duly asthonzed CORNTL.OF Seon ole wo adwinieter cats und take scteowledgments, persally appeased [SV oF eo MEET 1 an kaown to me to be the person. described in aad who 7 , who dged before me that aforesaid . £5 CFN#2005213319 Appendix B November 5, 2024 Dear Current Property Owner: Re: Proposed Rezone of Property from Commercial to Residential and Proposed Annexation or Property from Seminole County to City of Sanford for the Purpose of New Home Construction - 1609 Southwest Road You are invited to a neighborhood meeting to review and discuss the proposed annexation and rezoning of property from Commercial to Residential and New Home Construction for the property located at 1609 Southwest Road. | would like to address any comments and concerns you may have regarding this proposal. Representatives from the City of Sanford have also been invited to attend this meeting. Please call me at 321.460.6646 before the meeting if you have any questions regarding the proposed development. | loék forward to meeting you. The meeting will be held at the following location and time: LOCATION: Grace Apostolic Temple 1712 Southwest Road Sanford, FL 32771 DATE: Friday, November 22, 2024 TIME: 10:00a to 12:00 noon Sincerely, Andre Jackson Property Owner Cc: City of Sanford Print using Adobe® Reader®'s “Actual size" setting FERNEMA, JEAN F & GENESE C 323 WILLOWBAY RIDGE ST SANFORD. FL 32771-6702 MILLER, WILLIE A HEIR C/O JAMES GOLDEN JR 4815 11TH AVENUE CIR E BRADENTON, FL 34208-5886 DAVIS, ML 2415 WALLACE RD SW ATLANTA, GA 30331-7764 ETOH, PETER & EVELYN 356 STREAMVIEW WAY WINTER SPGS, FL 32708-6407 EG ENTERPRISE GROUP LLC 2181 BRISSON AVE SANFORD, FL 32771-8466 MARTIN, MARILYN M & CLIFFORD J 1808 S LOCUST AVE SANFORD, FL 32771-3533 MILLER, ALGERINE & |ASHINGTON, &! SYIGAB WILLIAMS, CHERSIE § SLACK SA 1703 SOUTHWEST RD SANFORD. FL 32771-3058 SPOTO, DEBORAH L 1581 DIXIE WAY SANFORD, FL 32771-3036 BARNES, LINWOOD 4804 TANGERINE AVE SANFORD, FL 32771-3472 SHARPE, JOSEPH JR 1661 SOUTHWEST RD SANFORD. FL 32771-3056 150 1/1 9/19/2024 1:37:14 PM Appendix A JONES, TIFFANY 1582 DIXIE WAY SANFORD, FL 32771-3037 PERKINS, ALICE N HEIR 2001 W 16TH ST SANFORD, FL 32771-3142 JACKSON. JACK SR & DOLORES 1901 W 16TH ST SANFORD, FL 32771-3110 TEAGUE, SHAKEDA T 1606 ROOSEVELT AVE SANFORD, FL 32771-3158 O'NEAL, WESLEY JR 1610 MERTHIE OR SANFORD, FL 32771-3150 VICKERS, ANNIE R & VICKERS, ROBERT 8719 US HIGHWAY 285 S LOT B3 ALAMOSA. CO 81101-8785 HARTSFIELD, RAYMOND W 324 RED ROSE LN SANFORD, FL 32771-1624 GIBSON. BETTY & DAVIS, JOYCE 928 LOGENBERRY TRL WINTER SPGS, FL 32708-4918 JACKSON, GREGORY 4901 W 18TH ST SANFORD, FL 32771-3122 TITFISTATE OF FLA MURPHY ACT LAND DEP 3900 COMMONWEALTH BLVD TALLAHASSEE. FL 32399-0001 GRACE APOSTOLIC TEMPLE INC PO BOX 2038 SANFORD, FL 32772-2058 VARELA, TANYA 1813 MERTHIE DR SANFORD, FL 32771-3125 SMITH, LEWIS O HEIR *C/0 WILLIAMS, RUBY DB 1702 MERTHIE DR SANFORD, FL 32771-3148 CHURCH OF GOD OF PROPHECY 1706 MERTHIE DR SANFORD, FL 32771-3148 JENKINS, LA'KISHA 1671 SONG SPARROW CT SANFORD, FL 32773-7025 HUMPHRIE, CLARA C/O VIRGINIA WILLIAMS 2901 MIDWAY AVE SANFORD. FL 32771-9192 MONTERO, NOEMIN 1711 ROOSEVELT AVE SANFORD, FL 32771-3179 ORTIZ. FRIEDA R 1503 SOUTHWEST RD SANFORD, FL 32771-3163 WATSON, SHELLIE 1451 DIXIE WAY SANFORD, FL 32774-3018 HOOKS, WILLIE L & LULA Y 1318 S PERSIMMON AVE SANFORD, FL 32771-3478 Pant using Adobe® Reader@'s "Actual size” setting WRIGHT, MICKEL M 1603 SOUTHWEST RD SANFORD. FL 32771-3056 HUMPHRIE, CLARA C/O VIRGINIA WILLIAMS 2901 MIDWAY AVE SANFORD, FL 32771-9192 ROBINSON, ANTHONY D 1502 ROOSEVELT AVE SANFORD, FL 32771-3154 JENKINS, PRYMUS L 3331 HUGHEY ST SANFORD, FL 32771-7063 GRACE APOSTOLIC TEMPLE INC PO BOX 2058 SANFORD. FL 32772-2058 GUNN, DOC HEIR CiO GUNN, JACQUELINE 1921 PIPER TER DELTONA, FL 32738-4253 NEW MT ZION MISSIONARY BAPTIST CHURCH 1720 PEAR AVE SANFORD. FL 32771-3142 HAWKINS, MARY R 1727 TANGERINE AVE SANFORD, FL 32771- eitates yee UT TAG NSgiae sy Beret aL maga SSA De wa WARE Bae 4720 PEAR AVE SANFORD, FL 32771-3142 ALBA, REYNA 2008 W 16TH ST SANFORD. FL 32771-3113 rt50 1/1 9/99/2024 1:37:15 PM RIGGINS, ARETHA 1813 TANGERINE AVE SANFORD. FL 32771-3172 MERTHIE ENTERPRISE INC 304 SANORA BLVD SANFORD, FL 32773-5868 NEW RIT ZiON MISSIONARY BAPTIST CHURCH 1720 PEAR AVE SANFORD, FL 32771-3142 BRUMMITT, ANTHONY J JR 5220 WINDSOR LAKE CIR SANFORD. FL 32773-5745 RAMDEEN. SOMOSA 5608 CHETOR © ORLANDO, FL 32818-1339 st geg 303t : & GORDON. KENNETH D SR 2160 W 16TH ST SANFORD. FL 32771-3115 Aamo pare CRURDA OF GOD Cf BRTSUECY STATE OFFICES NEL NT 6001 MONARCH BLVD LEESBURG, FL 34748-7966 DOT STATE OF FL KAYDON BURNS BLDG 605 SUWANNEE ST TALLAHASSEE, FL 32399-6544 MORALES, KEILA 1589 DIXIE WAY SANFORD. FL 32771-3036 YVATSON, THOMAS H JR & SHELLIE 1451 DIXIE WAY SANFORD, FL 32771-3018 GRIGLEY. VALERIE & EROGIES 3890 REGAL OAKS DR SUWANEE, GA 30024-7073 MERTHIE, DIANE 4856 VERACITY PT SANFORD, FL 32771-7568 MERTHIE-MARTIN, MARILYN 1808 S LOCUST AVE SANFORD. FL 32771-5868 ROBINSON, ENTHONY B & HARKNESS MERY S AEIR HOLSENDORFF, JUANITA 1506 SOUTHWEST RD SANFORD, FL 32771-3164 MERTHIE ENTERPRISE INC 304 SANORA BLVD SANFORD, FL 32773-5868 SAINT CLAIR. GREGORY & DURET, NATACHA 2150 HARRISON ST SANFORD, FL 32771-5427 WILLIAMS, NICOLE N 1507 SOUTHWEST RD SANFORD. FL 32771-3163 JONES, DARREN & MING, ROBERT 1005 DISHMAN LOOP OVIEDO. FL 32765-3126 DAVIS, FELTON A HEIR C/O APICELLA, THELMA 21 SPENCER DR ONEONTA, NY 13820-1124 CBAR ASSET COMPANY LLC 5001 PLAZA ON THE LK STE 200 AUSTIN. TX 78746-1070 Print using Adobe@ Reader®’s "Actual size” setting CASIMIR, GERALDO 1621 ROOSEVELT AVE SANFORD, FL 32771-3157 DIAZ, MICHAEL J 1585 DIXIE WAY SANFORD, FL 32771-3036 NEWSON, SANDRAL TR 2048 BUCKHANON TRL DELAND, FL 32720-3333 WILDER, ALLEN & WILDER. SHEENA R 711 ESSEX RD DAYTONA BEACH, FL 32114-1607 MERTHIE ENTERPRISE INC 304 SANORA BLVD SANFORD, FL 32773-5868 WILLIAMS, RUBY L 1702 MERTHIE DR SANFORD, FL 32771-3148 ABANI ENTERPRISES LLC PO BOX 63 SANFORD, FL 32772-0063 PETERSON. CHRISTOPHER & MADELYN PO BOX 299 SANFORD, FL 32772-0299 HARRIS, TRACY & HINTON. LIZZIE HEIR 123 MARLBOROUGH RD ROCHESTER, NY 14619-1409 SIMPSON, VIOLET L 1506 SOUTHWEST RD SANFORD. FL 32771-3164 1150 4/1 9/19/2024 1:37:16 PM GARCIA. JESSICA R 1577 DIXIE WAY SANFORD, FL 32771-3036 GRACE APOSTOLIC TEMPLE INC 1712 SOUTHWEST RD SANFORD. FL 32771-3059 AOL DTREVASSTOL ALS CT! @ Metco qpaeee if COURTNEY NATeaN CARLETHA GNATHAN ELGENE JS 1721 TANGERINE AVE ; SANFORD, FL 32771- NEWSON. SANDRAL TR 2048 BUCKHANON TRL DELAND, FL 32720-3333 GAUSE, GARRY & CYNTHIA 8067 SHERMAN PL CONWAY. SC 29527-7728 WILLIAMS. ROBERT Ii & WILLIAMS, SHEILA M 135 CARVER AVE SANFORD. FL 32771-3056 FRANKLA CERRY 3 FER REP EST-TE OF FRAAKUN GS PER REP & ERVIN, JEWEL 286 NARWHAL CT TALLAHASSEE. FL 32312-1533 BUCKNER. MAGGIE M 1709 MERTHIE DR SANFORD, FL 32771-3147 DAVIS. MALACHI L 2415 WALLACE RD SW ATLANTA, GA 30331-7764 WILLIAMS, JOHNNIE L 1703 W 15TH ST SANFORD, FL 32771-3153 GORDON, BARBARA A 2102 W 16TH ST SANFORD. FL 32771-3115 EDDY, BENNIE BB LIFE EST C/O MARTIN, MARILYN 1808 S LOCUST AVE SANFORD, FL 32771-3533 FAMILY STATIONS INC 1350 S LOOP RD STE 130 ALAMEDA, CA 94502-7095 SRK CATHERINE © 8 CAV GIBSON, AGNES D ETA 2415 WALLACE RD SW ATLANTA, GA 30331-7764 MERTHIE-MARTIN. MARILYN 1808 S LOCUST AVE SANFORD, FL 32771-5868 WASHINGTON, ALZADA 1709 TANGERINE AVE SANFORD, FL 32771-3169 RICHARDSON, RICKY 1701 ROOSEVELT AVE SANFORD, FL 32771-3179 MILLER, CYNTHIA Y & ANTHONY 1420 DIXIE WAY SANFORD, FL 32771-3035 SCOTT. BEROY 2341 W 18TH ST SANFORD, FL 32771-3007 WILLIAMS, RUBY D 1702 MERTHIE DR SANFORD, FL 32771-3148 Print using Adobe® Reader®'s “Actual size” setting CONCEPCION, EDGAR & INGRID 2938 RISSER AVE ORLANDO, FL 32812-5332 WILLIAMS, RUBY D 1702 MERTHIE DR SANFORD, FL 32771-3148 ANTHONY, DWENELA T 1812 ROOSEVELT AVE SANFORD, FL 32771-3116 PIERRE, WENESE & FORBES. MAVIS 1505 SOUTHWEST RD SANFORD, FL 32771-3163 CHARLES, TACARA & CHARLES, ROBIN § CRARLES, ROSERT 1806 ROOSEVELT AVE SANFORD, FL 32771-3116 BASUNDHARA INV LLC 1511 DIXIE WAY SANFORD, FL 32771-3036 GONZALEZ, ERIC M 2005 W 16TH ST SANFORD, FL 32771-3112 FERREIRA FELIPE & DINGER. CHRISTOPHER 910 LA SALLE AVE ORLANDO, FL 32803-3367 LEE. BOBBIE & ANDERSON. AISHA JR 2480 CRAWFORD DR SANFORD, FL 32771-8465 LISBON, CASSANDRA 1614 SOUTHWEST RD SANFORD, FL 32771-3057 1150 1/1 9/19/2024 1:37:16 PM BEAMON, JESSIE HEIR 2835 GROVE DR SANFORD, FL 32773-4603 Citizen Awareness and Participation Plan Rezone from Commercial to Residential/Annexation to City/New Home Construction 1609 Southwest Road 1. Overview A Neighborhood Meeting for the rezoning and annexation on the property located at 1609 Southwest Road took place on Friday, November 22nd, 2024 at Grace Apostolic Temple Church. The meeting was required as part of the Citizen Awareness and Participation Plan (CAPP) submitted in conjunction with the Property Rezone application. The Seminole County Property Appraiser parcel identification number associated with the subject property is 34-19-30-5AK-0B00-001D. 2. List of Meeting Invitees A list of affected parties that were notified of proposed project and invited to attend the Neighborhood Meeting is provided in Appendix A. Meeting notices were mailed prior to the meeting to property owners within 500 ft of the subject property, and to relevant parties at the City of Sanford. 3. Meeting Notice A copy of the meeting notice is provided in Appendix B. 4. Date and Location of the Neighborhood Meeting Friday, November 22, 2024 at 10:00a - 12:00 Noon 1712 Southwest Road, Sanford, FL 5. Meeting Attendance Seven (7) members of the public attended the meeting, not including the Applicant or City staff. A summary of those attending is provided below. Algerine Miller Neighbor Cynthia and Maurice Bennett Neighbor Clifford and Marilyn Martin Neighbor Sheila and Robert Williams Neighbor The applicant received additional phone calls regarding the proposal from Sandra Newsome, Jack Jackson, Sr. and Jacqueline McDuffie. They asked general questions regarding the proposal and expressed no concerns as all questions were addressed to their satisfaction. 6. Summary of Concerns All of the members in attendance expressed positive interest in this particular proposal. Mr. Robert Williams inquired as to the process for what a property owner had to do if they wanted to take similar actions on their own property (i.e. rezoning from Commercial to Residential). Ms. Algerine Miller inquired if it were possible to retain both Commercial and Residential zoning on property. The members then began a discussion inquiring as to how the properties in this area that were once residential became commercial and what efforts could be taken as a community to restore them back to residential zoning. Would it be possible to petition the City to restore those impacted properties without penalty to the property owner(s)? Applicants explained the process they were currently undergoing and offered those in attendance to summarize their inquiries within the CAPP for review and to possibly receive additional guidance from City staff which could be shared at a later date. SPOR % CITY OF JV APPROVED ws RM SANFORD Item No -C-3 FLORIDA CITY COMMISSION MEMORANDUM 25-106 APRIL 14, 2025, AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP, Director of Planning SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Rezone of 0.16 acres or (6,969 square feet) at project address 1609 Southwest Road from Seminole County, Retail Commercial (C-1) to City of General Commercial (GC-2); Ordinance No. 2025-4824 STRATEGIC PRIORITIES: [] Unify Downtown & the Waterfront [.] Promote the City’s Distinct Culture [] Update Regulatory Framework [] Redevelop and Revitalize Disadvantaged Communities THIS IS A MATTER INVOLVING THE QUASI-JUDICIAL PROCESS, THUS COMMISSIONERS MUST DISCLOSE ALL. EX-PARTE COMMUNICATIONS INCLUDING THE NAME. OF THE COMMUNICATOR, AND THE TIME, PLACE AND SUBSTANCE OF THE COMMUNICATION. WRITTEN COMMUNICATIONS MUST BE DISCLOSED AND MADE A PART OF THE RECORD BEFORE FINAL ACTION IS TAKEN. A COMMISSIONER’S INVESTIGATION, SITE VISITS AND RECEIPT EXPERT OPINIONS MUST ALSO BE DISCLOSED AND MADE A PART OF THE RECORD. PERSONS WHO HAVE OPINIONS CONTRARY TO THOSE EXPRESSED IN AN ORAL. OR WRITTEN EX PARTE COMMUNICATION MUST BE GIVEN A REASONABLE OPPORTUNITY TO REFUTE OR RESPOND TO THE COMMUNICATION AT THE HEARING. THE PARTIES TO THIS PROCEEDING ARE THE CITY STAFF AND THE APPLICANT AND THEY ARE SUBJECT TO CROSS EXAMINATION AND MUST GIVE THEIR TESTIMONY UNDER OATH. OTHERS WHO SEEK PARTY STATUS ARE ALSO SUBJECT TO CROSS EXAMINATION. PERSONS ONLY PARTICIPATING BY PROVIDING COMMENTS ARE NOT SUBJECT TO CROSS EXAMINATION AND ARE NOT SWORN IN AS EVIDENTIARY WITNESSES. THE QUALIFICATIONS OF CITY STAFF ARE EITHER PUBLISHED ON THE CITY’S WEBSITE OR SUBMITTED AT THE HEARING. SYNOPSIS: A request to rezone 0.16 acres or (6,969 square feet) at project address 1609 Southwest Road from Retail Commercial (C-1) (Seminole County) to General Commercial (GC-2) (City of Sanford) has been received. The property owners are Andre Jackson and Shuwan Jackson were responsible for completing the Citizens Awareness and Participation Plan (CAPP) process. The CAPP meeting was held on November 22, 2024, and the report has been found to be satisfactory to the City. FISCAL/ STAFFING STATEMENT: According to the Property Appraiser’s records, the property is vacant and classified as vacant residential with an assessed tax value and total tax bill for 2025 shown below: The property owner, assessed tax value, total tax bill, and property status for 2025 is shown below: Parcel Number Property Assessed Value Tax Bill (2025) Owner (2025) Andre and 34-19-30-SAK-0B00-001D Shuwan $15,693 $272 Jackson The applicant is seeking to establish a single-family residence on the property. The proposed development will facilitate new residential construction and generate additional tax revenue for the City. BACKGROUND: The 0.16-acre site is located between Southwest Road and Roosevelt Avenue, south of their intersections with Harrison Street. The subject property is currently zoned Retail Commercial (C- 1) (Seminole County) with a Future Land Use Designation of Commercial (COM) (Seminole County). Comprehensive Plan: Goal FLU 1 Manage Land Use Distribution and Provision of Services and Facilities. The City shall promote an orderly distribution of land uses in an economically, socially, and environmentally acceptable manner while ensuring the adequate and timely provision of services and facilities to meet the needs of the current and projected populations. Planning Staff finds the proposed amendment consistent with the Goal FLU 1 as it helps ensure that land uses are in a rational and efficient manner to promote economic development. The requested future land use is GC, which is appropriate and consistent for the site given Southwest Road is a commercial corridor. Objective FLU 1.1: Implement the Future Land Use Map Series. The City shall adopt and implement the Future Use Map (FLUM) series in the Future Land Use Element goals of the Comprehensive Plan. The maximum density and Floor Area Ratio for the GC, General Commercial future land use is as follows: Land Use Designations Map Symbol Density/Intensity (Max) General Commercial GC 0.50 FAR. OBJECTIVE FLU 1.3: Allocate Commercial Land Uses. The Future Land Use Map shall identify commercial land for: 1) neighborhood commercial development; and 2) general commercial development. The allocation of land for commercial development shall be compatible with goals and objectives identified in the Comprehensive Plan, consistent with supportive research and analysis and in compliance with those performance criteria established in Policy FLU1.1.7. The policies Stated below provide an explanation of the purpose, intent and character of the commercial land use designations. This objective shall be measured through the implementation of the following policies: Policy FLU 1.3.1: Consider Factors for Locating Commercial Development. The location and distribution of specific types of commercial activities shall be determined based on the following considerations: a. Trip generation characteristics, impact on existing and planned transportation facilities and ability to achieve a functional internal circulation and off-street parking system, with appropriate buffering, as required by the LDRs; b. Location and site requirements based on specific needs of respective commercial activities, their market area, and anticipated employment generation and floor area requirements; c. Compatibility with and impact on other surrounding commercial activities; d. Relationship with surrounding land uses and natural systems; and e. Impact on existing and planned community services and utilities. Policy FLU 1.3.2: Concentrate Pattern of Commercial Land Use. To promote efficient flow of traffic along major thoroughfares cited in the Transportation Element, achieve orderly development, and minimize adverse impact on residential quality, commercial development shall be concentrated in strategically located areas having location characteristics which best accommodate specific land, site, public facilities and market location requirements of the respective commercial uses. In addition, the applicant has also submitted for a Comprehensive Plan Amendment from Seminole County Commercial (COM) to City of Sanford General Commercial (GC) to support the rezone request. Upon review of the request, staff has determined that the proposed rezone is compatible with the surrounding uses and is consistent with the goals, objectives, and policies of the Comprehensive Plan. The subject site is in an established commercial corridor along Southwest Road. The proposed single-family residence will increase revenue to the City of Sanford. LEGAL REVIEW: The City Attorney may or may not have reviewed the staff report and the specific analysis provided by City staff but has noted the following that should be adhered to in all quasi-judicial decisions. Section 166.033, Florida Statutes, as amended in the 2022 Legislative Session, in Chapter 2021-224, Laws of Florida (deriving from Committee Substitute for Committee Substitute for House Bill Number 1059) provides as follows (please note emphasized text): “166.033 Development permits and orders. — (1) Within 30 days after receiving an application for approval of a development permit or development order, a municipality must review the application for completeness and issue a letter indicating that all required information is submitted or specifying with particularity any areas that are deficient. If the application is deficient, the applicant has 30 days to address the deficiencies by submitting the required additional information. Within 120 days after the municipality has deemed the application complete, or 180 days for applications that require final action through a quasi-judicial hearing or a public hearing, the municipality must approve, approve with conditions, or deny the application for a development permit or development order. Both parties may agree to a reasonable request for an extension of time, particularly in the event of a force majeure or other extraordinary circumstances. An approval, approval of conditions, or denial of the application for a development permit or development order must include written findings supporting the municipality’s decision. The timeframes contained in this subsection do not apply in an area of critical state concern, as designated in s. 380.0552 or chapter 28-36, Florida Administrative Code. (2)(a) When reviewing an application for a development permit or development order that is certified by a professional listed_in s. 403.0877, a municipality may not _request_additional information from the applicant more than three times, unless the applicant waives the limitation in writing. (b) If a municipality makes a request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within 30 days after receiving the additional information. (c) Ifamunicipality makes a second request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must review the application for completeness and issue a letter indicating that all required information has been submitted or specify with particularity any areas that are deficient within ten days after receiving the additional information. (d) Before a third request for additional information, the applicant must be offered a meeting to attempt to resolve outstanding issues. If a municipality makes a third request for additional information and the applicant submits the required additional information within 30 days after receiving the request, the municipality must deem the application complete within 10 days after receiving the additional information or proceed to process the application for approval or denial unless the applicant waived the municipality’s limitation in writing as described in paragraph (a). (e) Except as provided in subsection (5), if the applicant believes the request for additional information is not authorized by ordinance, rule, statute, or other legal authority, the municipality, at the applicant’s request, shall proceed to process the application for approval or denial. (3) Whena municipality denies an application for a development permit or development order, the municipality shall give written notice to the applicant. The notice must include a citation to the applicable portions of an ordinance, rule, statute, or other legal authority for the denial of the permit or order. (4) As used in this section, the terms “development permit” and “development order” have the same meaning as in s. 163.3164, but do not include building permits. (5) For any development permit application filed with the municipality after July 1, 2012, a municipality may not require as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from any state or federal agency unless the agency has issued a final agency action that denies the federal or state permit before the municipal action on the local development permit. (6) Issuance of a development permit or development order by a municipality does not create any right on the part of an applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the municipality for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. A municipality shall attach such a disclaimer to the issuance of development permits and shall include a permit condition that all other applicable state or federal permits be obtained before commencement of the development. (7) This section does not prohibit a municipality from providing information to an applicant regarding what other state or federal permits may apply." The above-referenced definition of the term “development permit” is as follows: "(16) ‘Development permit’ includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land." (Section 163.3164(16), Florida Statutes). The term “development order” is defined as follows and as can be seen, refers to the “granting, denying, or granting with conditions [of] an application”: “(15) ‘Development order’ means any order granting, denying, or granting with conditions an application for a development permit.” (Section 163.3164(15), Florida Statutes). Thus, if this application is denied, a denial development order must be issued which must cite to the applicable portions of each ordinance, rule, statute or other legal authority supporting the denial of the application. For example, if a goal, objective or policy of the Sanford Comprehensive Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion proposing the denial. A denial development order would be drafted to implement the actions of the City Commission in the event of such occurrence. Accordingly, any motion to deny must state, with particularity, the basis for the proposed denial. The City Commission has also expressed its desire for all who vote against the majority decision to express their rationale for their vote regarding all matters. When voting on matters such as whether to recommend approval of an amendment to the City’s Comprehensive Plan or the enactment of, or amendment to, a land development regulation, those matters are legislative in nature and not quasi-judicial matters. The City Commission approved Ordinance No. 2025-4823, on first reading on March 31, 2025. The City Clerk published notice of the 2" Public Hearing in the Sanford Herald on April 2, 2025. RECOMMENDATION: It is staff's recommendation to adopt Ordinance No. 2025-4824. SUGGESTED MOTION: “T move to recommend the City Commission adopt Ordinance No. 2025-4824. Attachments: Ordinance No. 2025-4824 Business Impact Statement Project Information Sheet Zoning Map Aerial Map Affidavit of Ownership Deed CAPP Package