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HomeMy WebLinkAbout4830 Rezone 1.94 Acres at 4002 East SR 46Ordinance No. 2026-4830 An ordinance of the City of Sanford, Florida providing for the rezoning of real property totaling 1.94 acres in size (Tax identification Parcel Number 33-19-31-300-1340-0000 which is generally addressed as 4002 East State Road 46) within the City Limits (map of the property attached) to rezone the subject property from Heavy Commercial (C- 3) (Seminole County) to General Commercial (GC-2) (City of Sanford) 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, the owner is Galileo School Foundation. The City of Sanford has initiated this application on behalf of the property owner as the previously discussed large scale amendment has been delayed. As this is a City initiated application a CAPP (Citizens Awareness and Participation Plan) meeting was not required. Galileo School Foundation is the owner of certain real property which land totals approximately 1.94 acres in size; and Whereas, the subject property is located at 4002 East State Road 46 and is assigned Tax Parcel Identification Number 33-19-31-300-1340-0000 by the Property Appraiser of Seminole County; and Whereas, the subject property is located at the northeast corner of State Road 46 and North Beardall Avenue. The subject property is currently zoned Heavy Commercial (C-3) (Seminole County) with a Future Land Use Designation of Industrial (IND) (Seminole County); and Whereas, the proposed development is not impacted by the provisions the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA); and Whereas, the property owner is seeking to expand the student base at the existing school by adding Pre -Kindergarten education. The proposed development will facilitate new non-residential construction and generate permitting revenue to the City; and Whereas, the property owner has 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 from Heavy Commercial (C-3) (Seminole County) to General Commercial (GC-2) (City of Sanford); 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 June 6, 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. 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 1.94 acres in size, shall be rezoned from Heavy Commercial (C-3) (Seminole County) to General Commercial (GC- 2) (City of Sanford): Tax Identification Parcel Number Owners 33-19-31-300-1340-0000 The Galileo Foundation Inc. (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 incorporated into the subsequent pertinent development orders and development permits 2 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 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 7. Effective Date. This Ordinance shall take effect immediately upon enactment. Passed and adopted this 28th day of July, 2025. Attest: City Commission of the City of Sanford, Florida ; 4 i I , , Traci Houchin, MMC, FCRM ° ' s�"h ArtVo6d City Clerk ' � `+ ` I ilaprP h' , V. Approved as to form and legality: Lindsay N. Greene, Esquire City Attorney 3 1 P a g e �V uMU r. ►s 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 1.94 acres in size (Tax identification Parcel Number 33-19-31-300-1340-0000 which is generally addressed as 4002 East State Road 46) within the City Limits (map of the property attached) to rezone the subject property from Heavy Commercial (C- 3) (Seminole County) to General Commercial (GC-2) (City of Sanford) 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. ® The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ 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 ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ® The proposed ordinance is enacted to implement the following: 11 Page a. Part II 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): Not Applicable 2. Estimate of direct economic impact of the proposed ordinance on private, for -profit businesses in the City: Not Applicable 3. Estimate of direct compliance costs that businesses may reasonably incur: Not Applicable 4. Any new charge or fee imposed by the proposed ordinance: Not Applicable 5. Estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs: Not Applicable 6. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: Not Applicable 2 1 P a g e 7. Additional information (if any, but may wish to include the methodology used to derive information for #1 and #2, above. For example: City staff solicited comments from businesses in the City as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on City website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses based on feedback from businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not impose costs only upon businesses.): Not Applicable 3�� _ ` ... PROJECT INFORMATION — 4002 EAST STATE ROAD 46 �\ REZONE Requested Action: Rezone 1.94 acres from Heavy Commercial (C-3) (Seminole County) to General Commercial (GC-2) (City of Sanford) at 4002 East State Road 46. Proposed Use: Galileo School expansion Project Address: 4002 East State Road 46 Current Zoning: Heavy Commercial (C-3) Proposed Zoning: General Commercial (GC-2) Current Land Use: Vacant Commercial Tax Parcel Number: 33-19-31-300-1340-0000 Site Area: 1.94 Acres Property Owner: Galileo School Foundation 3900 E State Road 46 Sanford, FL 32771 Applicant/Agent: City of Sanford 300 North Park Avenue Sanford, FL 32771 Email: Darren.ebersole@sanfordfl.gov CAPP Meeting: Not Required as this is a City Initiated application. Commission District: District I Commissioner — Sheena Britton 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: Industrial (IND) Proposed Future Land Use: General Commercial (GC) Existing Land Use: Vacant Commercial PonCeiID: 33-19'31-3OO-134O'OOOO Project Address: 4OO2East SR4G County Zoning and Existing Land Use IM oy City Proposed Zoning and Aeriat - N Y OF SXNFORD FLORIDA rV-1 APPEL"'JI21 WS _ RM� X Item No.o1. A f3 CITY COMMISSION MEMORANDUM 25-176 JULY 28, 2025, AGENDA TO: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICP, MSSR — Planning Director SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager SUBJECT: Ordinance No. 2025-4830; Rezone 1.94 acres from Heavy Commercial (C-3) (Seminole County) to General Commercial (GC-2) (City of Sanford) at 4002 East State Road 46. 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 ISTAKEN. 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: Requesting to rezone 1.94 acres from Heavy Commercial (C-3) (Seminole County) to General Commercial (GC-2) (City of Sanford) at 4002 East State Road 46 has been received. The owner is Galileo School Foundation. The City of Sanford has initiated this application on behalf of the property owner. As this is a City initiated application, a CAPP (Citizens Awareness and Participation Plan) meeting was not required. The Affidavit of Ownership and Designation of Agent forms are attached, and other information is available to ensure that all potential conflicts of interest are capable of being discerned. FISCAL/STAFFING STATEMENT: The property owner, assessed tax value, total tax bill, and property status for 2025 is shown below: Parcel Number I Property Assessed Value Tax Bill (2025) Owner 2( 025) 33-19-31-300-1340-0000 Galileo School $ 235,901 $0 Foundation The applicant is seeking to expand the existing school. The proposed development will facilitate new non-residential construction and generate permitting revenue to the City. BACKGROUND: The 1.94-acre site is located at the northeast corner of State Road 46 and North Beardall Avenue. The property is zoned Heavy Commercial (C-3) (Seminole County) with a Future Land Use designation of Industrial (IND). In 2024, the City Commission approved a Utility Only annexation petition to remain in effect until such time as the property became contiguous to the City. The subject property is now contiguous to the City and staff are enacting the full annexation of the subject property. When a property is annexed into the City, it maintains its Future Land Use and Zoning designation from the unincorporated area until it is incorporated into the Future Land Use element of the Comprehensive Plan and assigned a City zoning classification. The applicant has submitted a companion Comprehensive Plan Amendment which was heard as the previous item. Per the City of Sanford's Comprehensive Plan, the General Commercial GC-2 zoning classification is consistent with the General Commercial Future Land Use. Therefore, the applicant is requesting to rezone the property from agricultural to GC-2 zoning. This zoning district is compatible with the General Commercial Future Land Use and consistent with the remaining airport properties. East Lake Mary Boulevard Small Area Study Per the recently adopted East Lake Mary Boulevard Small Area Study, which was developed in partnership with Orlando Sanford International Airport OSIA and Seminole County, the subject site is in an area identified as the Crossroads Commercial Corridor. This district covers State Road 46 / E. Lake Mary Boulevard intersection and adjacent properties within the study area fronting on these two regional roadways. This district is intended to provide a commercial node that serves the eastern part of Sanford, as well as regional traffic on State Road 46. The district further identifies the following preferred uses. Arterial Commercial, General Commercial, and Specialty Commercial Uses. The proposed land use amendment and this companion rezone are consistent with this study and provide for a variety of commercial uses. During the development of the small area study, residents in this district have indicated they would prefer commercial developments that front on State Road 46. 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 JPA, and the East Lake Mary Boulevard Corridor Study. The subject site is in an established commercial corridor along State Road 46. The proposed commercial uses will increase revenue to the City of Sanford. LEGAL REVIEW: The City Attorney has reviewed this agenda item and has no legal objection. Section 166.0331, 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 denv 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, with 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) If a municipality 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 10 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) When a 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 authoritv for the denial of the hermit 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 reauire as a condition of processing or issuing a development permit or development order that an applicant obtain a permit or approval from anv state or federal agencv unless the agencv has issued a final agencv 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 [ofJ 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 an 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 the 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. 2025-4830 on first reading on July 14, 2025. The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on July 16, 2025. RECOMMENDATION: It is the staffs recommendation to adopt Ordinance No. 2025-4830, as proposed. SUGGESTED MOTION: "I move to adopt Ordinance No. 2025-4830 as proposed." Attachments: 1. Ordinance No. 2025-4830 2. Project Information Sheet 2. Aerial Map & Zoning Map 8. Business Impact Statement