HomeMy WebLinkAbout4852 Rezone 8 properties for City Zoning ClassificationOrdinance No. 2026-4852
An Ordinance of the City of Sanford, Florida, rezoning for a total of
6.95 acres in size within the City Limits (table of the subject
properties attached as Exhibit "A"); providing for findings and
intent; providing for Amendments to the Zoning Map; providing for
the taking of implementing administrative actions; providing for the
adoption of maps and exhibits by reference; providing for
ratification of prior actions; providing for severability; providing for
conflicts; providing for non -codification and providing for an
effective date.
Whereas, the City of Sanford (the "City") has long been engaged in, and is also
committed to, a comprehensive annexation program which addresses the needs of the
citizens of the City and expands the tax base of the City and provides for an array of
other benefits; and
Whereas, the City is also committed to ensuring that the provisions of the City's
Comprehensive Plan are updated on an ongoing basis as properties are annexed into
the City Limits of the City to include, but not be limited to, the assignment of appropriate
land use designations to properties; and
Whereas, the City is also committed to ensuring that the provisions of the City's
Land Development Regulations are updated on an ongoing basis as properties are
annexed into the City Limits of the City to include, but not be limited to, the assignment
of appropriate zoning districts/classifications to properties; and
Whereas, the City is also committed to ensuring that the provisions of the Joint
Planning Agreement with Seminole County are correctly implemented and adhered to;
and
Whereas, the City's Planning and Zoning Commission recommended approval of
this Ordinance at its meeting on March 5, 2026; and
Whereas, the pertinent goals, objectives and policies of the Comprehensive Plan
support the approval of the amendments set forth in this Ordinance; and
Whereas, the City has complied with all requirements and procedures of Florida
law in processing these amendments to the City of Sanford Zoning District and
Classification Map;
Whereas, Section 171.062, Florida Statutes, relates to the effects of annexations
and provides as follows (note the emphasized text):
(1) An area annexed to a municipality shall be subject to all laws,
ordinances, and regulations in force in that municipality and shall be entitled
to the same privileges and benefits as other parts of that municipality upon
the effective date of the annexation.
(2) If the area annexed was subiect to a county land use plan and
countv zonina or subdivision regulations. these reaulations remain in
full force and effect until the municipality adopts a comprehensive
Man amendment that includes the annexed area.
(3) An area excluded from a municipality shall no longer be subject to any
laws, ordinances, or regulations in force in the municipality from which it
was excluded and shall no longer be entitled to the privileges and benefits
accruing to the area within the municipal boundaries upon the effective date
of the exclusion. It shall be subject to all laws, ordinances, and regulations
in force in that county.
(4)(a) A party that has an exclusive franchise which was in effect for at least
6 months prior to the initiation of an annexation to provide solid waste
collection services in an unincorporated area may continue to provide such
services to an annexed area for 5 years or the remainder of the franchise
term, whichever is shorter, if:
1. The franchisee provides, if the annexing municipality requires, a level of
quality and frequency of service which is equivalent to that required by the
municipality in other areas of the municipality not served by the franchisee,
and
2. The franchisee provides such service to the annexed area at a
reasonable cost. The cost must include the following as related to; and
providing services to the annexed area:
a. Capital costs for land, structures, vehicles, equipment, and other items
used for solid waste management;
b. Operating and maintenance costs for solid waste management;
c. Costs to comply with applicable statutes, rules, permit conditions, and
insurance requirements;
d. Disposal costs; and
21
e. A reasonable profit.
If the municipality and the franchisee cannot enter into an agreement as to
such cost, they shall submit the matter of cost to arbitration.
(b) A municipality, at its option, may allow the franchisee to continue
providing services pursuant to the existing franchise agreement.
(c) A municipality may terminate any franchise if the franchisee does not
agree to comply with the requirements of paragraph (a) within 90 days after
the effective date of the proposed annexation.
(5) A party that has a contract that was in effect for at least 6 months prior
to the initiation of an annexation to provide solid waste collection services
in an unincorporated area may continue to provide such services to an
annexed area for 5 years or the remainder of the contract term, whichever
is shorter. Within a reasonable time following a written request to do so, the
party shall provide the annexing municipality with a copy of the pertinent
portion of the contract or other written evidence showing the duration of the
contract, excluding any automatic renewals or so-called "evergreen"
provisions. This subsection does not apply to contracts to provide solid
waste collection services t to single-family residential properties in those
enclaves described in s. 171.046.
; and
Whereas, Section 166.031, Florida Statutes, relating to city charter amendments,
which provides in Subsection (3) that (note the emphasized text):
A municipality may amend its charter pursuant to this section
notwithstanding any charter provisions to the contrary. This section shall be
supplemental to the provisions of all other laws relating to the amendment
of municipal charters and is not intended to diminish any substantive or
procedural power vested in any municipality by present law. A municipality
may. by ordinance and without referendum. redefine its boundaries to
include only those lands previously annexed and shall file said
redefinition with the Department of State pursuant to the provisions of
subsection (2).
; and
Whereas, additionally, this Ordinance is enacted generally 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 163, Florida Statutes; 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 recitals (whereas clauses) to this Ordinance as well as the City
staff report and City Commission agenda memorandum relating to this Ordinance as the
legislative findings of the City Commission.
(b). This Ordinance is internally consistent with the goals, objectives and policies
of the Comprehensive Plan of the City of Sanford.
(c). The Exhibits to this Ordinance are incorporated herein as if fully set forth herein
verbatim.
(d). City staff has concluded that the analyses relating to the amendments to the
Zoning Map as set forth in this Ordinance are well founded and consistent with sound and
generally accepted practices and principles.
Section 2. Amendments To Zoning Map.
The Zoning Map of the City of Sanford is amended as set forth 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 in conjunction with legal review
by the City Attorney.
Section 4. Incorporation Of Exhibits/Maps.
The Exhibits attached to this Ordinance are hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance indicating the
amendments to the City's Zoning Map as set forth therein.
41
Section 5. Ratification Of Prior Actions.
The prior actions of the City Commission and its agencies in enacting and causing
amendments to the Zoning Map 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 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 7. Conflicts.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 8. Non -codification; Implementation.
This Ordinance shall not be codified in the City Code of the City of Sanford or
otherwise
Section 9. Scrivener's Errors.
Typographical errors and other matters of a similar nature that do not affect the
intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the endorsement of the City Manager, or designee, without the need for a
public hearing.
Section 10. Effective Date.
This Ordinance shall take effect immediately upon enactment, but not until the
effective date of any associated annexation ordinance and ordinance providing for an
amendment to the City's Comprehensive Plan.
Passed and adopted this 13th day of April, 2026.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
For use and reliance of the Sa
City Commission only.
Approved as to form and legality.
ndsay . reene
City Attorney
City Commission of the City of Sanford,
Florida
i " J
Art Woodruff %
6 1 P a g e
CITY OF
&kNFORD
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
oramance is
Rezone of eight properties totaling 6.95 acres in order to assign a City zoning
classification equivalent to those in unincorporated Seminole County at time of
annexation for Annexation Statutory Compliance.
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.
II; P
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):
The proposed ordinance is intended to assign a City zoning classification equivalent to
those in unincorporated Seminole County at time of annexation for Annexation Statutory
Compliance.
2. Estimate of direct economic impact of the proposed ordinance on private, for -profit
businesses in the City:
Properties have already been annexed into the City and will be assigned City Zoning
classification no direct economic impact is estimated.
3. Estimate of direct compliance costs that businesses may reasonably incur:
Not estimated to add any direct cost as properties are already annexed into the City.
4. Any new charge or fee imposed by the proposed ordinance:
No new charge as properties are already annexed into the City.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
It is impossible to quantify any potential regulatory costs of the proposed development.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
It is unknown if any businesses will be impacted by the development of the site.
7. Additional information
Not applicable.
2026 Citywide Rezone
Map #
Tax Parcel ID
Address
Acres
County Zoning City Zoning
1
01203050413000360
758 Osceola Dr
0.36
R-IA
SR-1
2
01203050413000380
Vacant Osceola Dr
0.19
R-1A
SR-1
3
01203051600000100
2820 Magnolia Ave
0.3
R-1A
SR-2
4
01203051904000040
2909 Palmetto Ave
0.29
R-IA
SR-3
5
28193050600000201
4073 Ruby St
0.13
A-1
AG
6
1120305AN00000220
275 W Lake Mary Blvd
2.25
C-1
GC-2
7
1120305AN0000022A
301 W Lake Mary Blvd
1.69
C-1
GC-2
8
1120305AN0000022B
Vacant W Lake Mary Blvd
1.74
C-1
GC-2
Total Acres
6.95
I
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0
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is ,�17
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11
City Zoning
Multi-Fam.
Residential 15DU/
ac.
Multi-Fam.
Residential 20DU/
ac.
Planned
Development
Parks, Recreation
and Open Space
Restricted
Commercial
Multi-Fam. Res./
Office/Institutional
Single Fam.
Residential 6,000
sq. ft Lots
Single Fam.
Residential 7,500
sq. ft Lots
County Zoning
R-1A Single
Fam-9000
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Property Address: 758 Osceola Drive
Tax Parcel Number(s): 01203050413000360 & 01203050413000380
'4PI
4 -
b
a
City Zoning
General Commercial
Multi-Fam.
Residential 15DU/
ac.
Multi-Fam.
Residential 20DU/
ac.
Parks, Recreation
and Open Space
Restricted
Commercial
Restricted Industrial
Multi-Fam. Res./
Office/Institutional
Single Fam.
Residential 6,000
sq. ft Lots
Single Fam.
Residential 7,500
sq. ft Lots
County Zoning
R 1A Single
Fam-9000
R-1 Single
Fam-8400
C-1 Retail
Commercial -
Commodities
C-2 Retail
Commercial
N
mow.
®
47 MW
i
1
t
+
1
sir
+ Property Address: 2820 Magnolia Avenue & 2909 Palmetto Avenue
Tax Parcel Number(s): 01203051600000100 & 01203051904000040
rare
r
Ig` I4
City Zoning
Agriculture
General Commercial
Planned
Development
L Restricted
Commercial
Restricted Industrial
County Zoning
A-1 Agricultural- lAc
R-lA Single
Fam-9000
C-1 Retail
Commercial -
Commodities
PD Planned
Development
Property address: 4073 Ruby Street
Tax Parcel Number(s): 28193050600000201
SITE
#5
4OW .
r
It anal Rd •
City Zoning
General Commercial
Multi-Fam.
Residential 15DU/
ac.
Parks, Recreation
and Open Space
Single Fam.
Residential 6,000
sq . ft Lots
County Zoning
A-1 Agricultural-1Ac
R-1A Single
Fam-9000
N � �
&UX
Ip
SITES
#61718
Property Address: 275 & 301 W Lake Mary Boulevard
Tax Parcel Number(s): 1120305AN00000220, 1120305AN0000022A 8
1120305AN00000228
.1
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D " ppleva
CITY COMMISSION MEMORANDUM 26-075
APRIL 13, 2026 AGENDA
WS _ RM. X
Item No. 7.13
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: Request to consider a rezone of eight properties totaling 6.95 acres in order
to assign a City zoning classification equivalent to those in unincorporated
Seminole County at time of annexation.; After Annexation Statutory
Compliance; Ordinance No. 2026-4852
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:
This is the annual city-wide zoning map update for 2026.
FISCAL/STAFFING STATEMENT:
None.
BACKGROUND:
In conjunction with the city-wide Future Land Use update, this request is intended to assign the
City of Sanford zoning classifications to eight individual parcels totaling 6.95 acres. This rezone
action brings the properties in compliance with the 2015 City of Sanford/Seminole County Joint
Planning Agreement (JPA), and state statutes. The list of properties identified were annexed
between October of 2023 to April of 2025 and will have the equivalent zoning designations in the
City as currently zoned in the County.
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 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 circumstance. An approval, 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 municipalitv may not reauest 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 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
municipalitv 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
aizencv unless the agencv has issued a final ag_encv action that denies the federal or state
hermit 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 with regard to 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. 2026-4852 on first reading, on March 23, 2026.
RECOMMENDATION:
On March 5, 2026, in line with the recommendation of staff, the Planning and Zoning Commission
unanimously recommended that the City Commission adopt an ordinance to rezone eight
properties totaling 6.95 acres in order to assign a City zoning classification equivalent to those in
unincorporated Seminole County at time of annexation.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2026-4852."
Attachments: 1. Ordinance No. 2026-4852
2. Business Impact Statement
3. Table of proposed Rezones
4. Citywide Location Maps
5. Zoning Maps