Loading...
HomeMy WebLinkAbout4829 Comp Plan Amendment 1.94 Acres at 4002 East SR 46Ordinance No. 2025-4829 An Ordinance of the City of Sanford, Florida amending the City of Sanford Comprehensive Plan, as previously amended; providing for amendment of the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan relative to certain real property, approximately 1.94 acres in size located at 4002 East State Road 46 within the City Limits (maps relating to the property are attached) (Tax Parcel Identification Number 33-19-31-300-1340-0000) said property being more specifically described in this Ordinance; providing for legislative findings and intent; providing for assignment of the land use designation for the property; providing for the adoption of maps by reference; providing for severability; providing for ratification of prior acts of the City; providing for conflicts; providing for codification and directions to the Code codifier and providing for the implementation of the statutory expedited State review process and 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, the1.94-acre site 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 site currently retains its Seminole County Future Land Use designation, pending approval of this requested future land use map amendment to incorporate the subject property into the City of Sanford's Comprehensive Plan. City Staff is requesting a Small -Scale Comprehensive Plan Amendment to change the Future Land Use map designation from Seminole County's (IND) to City of Sanford's GC; 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, Section 163.3184(3), Florida Statutes, relates to the amendment of adopted local government comprehensive plans and sets forth certain requirements relating to an expedited process of State review of proposed amendments to local government comprehensive plans and relates to processes and actions relating thereto; 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 application be approved and has otherwise reviewed and evaluated the application to determine whether it 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 determined that the proposed amendment of the City's Comprehensive Plan relative to the subject property as set forth in this Ordinance is internally consistent with the Comprehensive Plan of the City of Sanford and is consistent with the controlling provisions of State law; and Whereas, the City of Sanford's Planning and Zoning Commission (P&ZC), as the City's local planning agency, held a public hearing June 6, 2025, and voted to recommend the City Commission adopt an ordinance on first reading, amending the future land use designation from Industrial (IND) (Seminole County) to General Commercial (GC) (City of Sanford) on 1.94 acres at project address 4002 State Road 46 based on consistency with the City of Sanford's Comprehensive Plan, Joint Planning Agreement, East Lake Mary Small Area Study, and Chapter 163 of Florida Statutes.; and Whereas, the City Commission concluded that the overall goals, objectives and policies of the City's Comprehensive Plan and the controlling State law support the approval of the application; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing this amendment to the City of Sanford Comprehensive Plan including, but not limited to, Section 163.3184, Florida Statutes, as well as other controlling law; and Whereas, additionally, this Ordinance is enacted pursuant to the home rule powers of the City of Sanford as set forth at Article Vill, Section 2, of the Constitution of the State of Florida; Chapter 166, Florida Statutes, and other applicable controlling law. 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 Commission agenda memorandum relating to the application relating to the proposed amendment to the City of Sanford Comprehensive Plan pertaining to 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 internally consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. (d). The exhibits to this Ordinance are incorporated herein as if fully set forth herein verbatim. Section 2. Amendment to Future Land Use Map/Future Land Use Designation. (a). The Future Land Use Plan Element of the Comprehensive Plan of the City of Sanford and the City's Future Land Use Map are hereby amended by changing the future land use designation from Seminole County's (IND) to City of Sanford's GC. This request has also initiated a companion application to rezone the subject property from Heavy Commercial (C-3) (Seminole County) to General Commercial (GC-2) (City of Sanford) with regard to the real property which is the subject of this Ordinance as set forth herein. (b). The property which is the subject of this Comprehensive Plan amendment is more specifically defined, described and depicted in the exhibits to this Ordinance. Section 3. Implementing Administrative Actions. The City Manager, or designee, is hereby authorized to implement the provisions of this Ordinance as deemed appropriate and warranted. Section 4. Incorporation Of Maps. The maps attached to this Ordinance are hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. Section 5. Ratification Of Prior Actions. The prior actions of the City Commission and its agencies in enacting and causing amendments to the Comprehensive Plan of the City of Sanford, as well as the implementation thereof, are hereby ratified and affirmed. Section 6. 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, enforcement, or effect of any other action or part of this Ordinance. Section 7. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 31 Section 8. Codification/Instructions to Code Codifier. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the codified version of the City of Sanford Comprehensive Plan and/or the Code of Ordinances of the City of Sanford, Florida in terms of amending the Future Land Use Map of the City. Section 9. Effective Date. The Comprehensive Plan amendment set forth herein shall not become effective, in accordance with Section 163.3184(3), Florida Statutes, until 31 days after the State land planning agency (Florida Department of Economic Opportunity) notifies the City that the Plan amendment package is complete. If challenged timely, the Plan amendment shall not become effective until the said State land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance; provided, further, that this Ordinance shall take effect upon the annexation ordinance relating to the subject property being enacted by the City Commission. Passed and adopted this 28th day of July, 2025. Attest: City Commission of the Ci o 'Sanfo Florida a), Traci Houchin, MMC, FCRIK -r-0kb 764t Wood City Clerk a E�Mayocar-�a;/d Approved as to form an egality. ndsayN. Greene, Esquire City Attorney 4 1 P a g e - ikl CITY OF SkNFORD 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 amending the City of Sanford Comprehensive Plan, as previously amended; providing for amendment of the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan relative to certain real property, approximately 1.94 acres in size located at 4002 East State Road 46 within the City Limits (maps relating to the property are attached) (Tax Parcel Identification Number 33-19-31-300-1340-0000) said property being more specifically described in this Ordinance; providing for legislative findings and intent; providing for assignment of the land use designation for the property; providing for the adoption of maps by reference; providing for severability; providing for ratification of prior acts of the City; providing for conflicts; providing for codification and directions to the Code codifier and providing for the implementation of the statutory expedited State review process and 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: 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 a 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 COMPREHENSIVE PLAN AMENDMENT Requested Action: A Comprehensive Plan Amendment to change the future land use map designation of 1.94 acres at project address 4002 East State Road 46 from Industrial (IND) (Seminole County) to General Commercial (GC) (City of Sanford). 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 1 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 Parcel ID: 33-19-31-300-1340-0000 Project Address: 4002 East SR 46 County Future Land Use and Existing Land Use E.W— an r•rc VM II, �DY w�R Ind 1J :Ct •+CR a� PV9C: PUPS:"so;°Uti.> 13 PU?U Ric Rd SITE IND CRY Y City Proposed Future Land Use and Aerial w. - yA —d U.. F. g. D.,. ty Id h!.qh inan.y hem., S�nge=Pm. ieP MDRI O MDR' S Q��p N. g•.t,.,a Pmm.rc C. Ol1LEI P.zlc S.m:•Pub-c Ra. CYo n.V,.tr.e Sre..wn E.ax. LS.r.. e. Iwuary 6 C.mm.�c. Pcrp F—rw Ca s— .^J�!4il VJJE!?A: ti}TY'hK .!. _E� Je.Vs.E w.•.. .+.1VEJ!A. c; 1 :. ' I- STTE 0- CITY OF SkNFORD FLORIDA f�f �7 a IF" JE CITY COMMISSION MEMORANDUM 25-175 JULY 28, 2025, AGENDA WS_R.MyX Item No. i • A 'p� 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. 2025-4829; Amend the Future Land Use from Industrial (IND) (Seminole County) to General Commercial (GC) (City of Sanford) on 1.94 acres at project address 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 SYNOPSIS: Requesting to amend the future land use from Industrial (IND) (Seminole County) to General Commercial (GC) (City of Sanford) on 1.94 acres at project address 4002 East State Road 46. 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. FISCAL/STAFFING STATEMENT: The property owner, assessed tax value, total tax bill, and property status for 2025 is shown below: Parcel Number Property Owner Assessed Value 1 Tax Bill (20251 2f 025) 33-19-31-300-1340-0000 Galileo School $ 235,901 $0 Foundation The applicant 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. BACKGROUND: The 1.94-acre site 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). The site currently retains its Seminole County Future Land Use designation, pending approval of this requested future land use map amendment to incorporate the subject property into the City of Sanford's Comprehensive Plan. The applicant is requesting a Small -Scale Comprehensive Plan Amendment to change the Future Land Use map designation from Seminole County's (IND) to City of Sanford's GC. This request has also initiated a companion application to rezone the subject property from Heavy Commercial (C-3) (Seminole County) to General Commercial (GC-2) (City of Sanford). Comprehensive Plan Review Staff has outlined relevant Goals, Objectives and Policies (GOP's) that support the proposed land use amendment: 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. The proposed amendment is consistent with the Goal FLU I 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 the emerging pattern of development. The trend in development in the area has proven a need for commercial services which is also called out in the Joint Planning Area (JPA). 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 F.A.R. 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. Joint Planning Agreement Per Exhibit B of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA), the GC designation is equivalent to the COM designation. Exhibit B describes equivalent future land use designations in the City and the County Comprehensive Plans. The designations have been deemed equivalent due to their similar intensities and densities of allowable development. The applicant has submitted a request to amend the future land use map designation from COM (Seminole County) to GC (City of Sanford) on 6.16 acres for the purpose of establishing warehouse, office, with outdoor storage. Per Exhibit D, the subject property is within Sub -Area 2 of the JPA which states: Proposed densities exceeding those established in the Seminole County Comprehensive Plan shall require a future land use amendment in full compliance with the Plan Amendment Standards of Review as provided in the Future Land Use Element. By consensus of the County and City, Planning Area 2 has been reconfigured and designated by the County as the Riverbend Planning Area and is presumed to be more urban in character than surrounding properties. Accordingly, new residential development in this area may be considered for a maximum of 10 dwelling units per net buildable acre from SR 46 north to a line parallel to Hughey Street, and four (4) dwelling units per net buildable acre from said line parallel to Hughey Street north to Celery Avenue. Nonresidential development shall be consistent with maximum floor area ratios established through applicable future land use designations. Individual development applications shall be evaluated on their own merits through the appropriate processes; no specific entitlements shall be conferred through this Agreement. The two lots lying south of Celery Avenue and on either side of Beardall Avenue (T1 and T2 on Exhibit D) may be allowed to function as transitional nonresidential uses between Celery Avenue and the existing industrial property to the south. Transitional nonresidential uses and/or mixed -use development may also be considered along the frontages of SR 46 and SR 415 to form a node of higher intensity development around the intersection of the two roads. 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 will facilitate the development of future commercial activities which contribute to the economic development of the City. Upon review of the request, staff has determined that the proposed amendment is compatible with the surrounding uses and consistent with the goals, objectives and policies of the Comprehensive Plan, JPA, and East Lake Mary Small Area Study. The subject site is in an established commercial corridor along State Road 46. The proposed use will not generate tax revenue to the City, however, it will generate permitting and impact fees that will benefit the City. LEGAL REVIEW: This matter is not a quasi-judicial matter as amendments to local government comprehensive plans are legislative in nature. That being said, if a proposal to amend the City's Comprehensive Plan is to be recommended for denial, it would be appropriate to state the particular reason for such a recommendation to be considered by the City Commission - such as the proposal is internally inconsistent with a goal, objective or policy of the Comprehensive Plan or inconsistent with controlling State law or the like. When land is subject to the provisions of the City/County JPA, the City is bound to adhere to the provisions of the JPA. Also, Section 171.062, Florida Statutes, pertaining to the effects of annexations or contractions, anticipates that cities will expeditiously incorporate annexed properties into their comprehensive plans and land development regulations upon being located within the city limits of the annexing municipality. The City Commission approved Ordinance No. 2025-4829, 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 staff s recommendation that the City Commission adopt Ordinance No. 2025-4829. SUGGESTED MOTION: "I move to adopt Ordinance No. 2025-4829, as proposed." Attachments: Ordinance No. 2025-4829 Project Information Sheet Map