4260 Rezone 3221 W. 1st St.Ordinance No. 4260
An ordinance of the City of Sanford, Florida providing for the
rezoning of real property totaling approximately 6.89 acres in size
and located at 3221 West 1 St Street (Property Appraiser Tax Parcel
Identification Number: 26 -19 -30 -5AE- 3100 -0000) within the City Limits
(map of the property attached) from Agriculture ( "AG ") to General
Commercial ( "GC -2 "); 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, Sanford 46 LLC is the owner of certain real property which land totals
approximately 6.89 acres in size, is located at 3221 West 1 St Street and is assigned Tax
Parcel Identification Number 26 -19 -30 -5AE- 3100 -0000 by the Property Appraiser of
Seminole County; and
Whereas, Sanford 46 LLC 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 General Commercial ( "GC -2 ") zoning
classification from the existing Agriculture ( "AG "); and
Whereas, the applicant Robert Maksimowicz, on behalf of the owner (Robert J.
Maksimowicz, being the Trustee and sole corporate officer of Sanford 46 LLC), has
applied to rezone the subject 6.89 acres of real property in order to permit the
development of the property for commercial uses; 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
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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, the City's Planning and Development Services Department
recommends approval of the rezoning application as a result of its in -depth review and
evaluation; and
Whereas, the Citizen's Awareness Participation Plan (CAPP) requirements of
the City relative to the proposed rezoning have been met by the applicant to the
satisfaction of the City and the CAPP procedures of the City have been adhered to and
honored; and
Whereas, on November 17, 2011 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 the 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.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
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(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 site, 6.89 acres in size, which is the subject of the rezoning
application which is acted upon by this Ordinance is located on the southwest corner of
West 1 st Street (State Road 46) and Meisch Road, is currently zoned Agriculture ( "AG ")
with a Future Land Use under the City's Comprehensive Plan of Westside Industry and
Commerce ( "WIC "). The parcel had previously been used as a landscape company
which is a permitted use in the Agriculture ( "AG ") zoning district which was the zoning
classification assigned to the property at the time that this Ordinance was enacted. The
applicant, Robert Maksimowicz, stated that the rezoning request was submitted to
facilitate future commercial development. The final use of the site may result in
additional public hearings being required.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford, to include, but not be limited to, Policy 1-
1.6.1 of the City's Comprehensive Plan which states as follows:
The WIC designation permits both a vertical and horizontal land use mix
of commercial, office, residential, and the maximum intensity for
commercial, office, and industrial development as a floor area ratio is .50.
The maximum residential density shall be 20 dwelling units per acre.
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Section 2. Rezoning of real property /implementing actions.
(a), Upon enactment of this Ordinance the following property, as depicted in
the map attached to this Ordinance and totaling 6.89 acres shall be rezoned from the
Agriculture ( "AG ") zoning district to the General Commercial ( "GC -2 ") zoning
classification: 3221 West 1 St Street or Property Appraiser Tax Parcel Identification
Number: 26- 19- 30 -5AE- 3100 -0000.
(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 may be incorporated into the subsequent pertinent
development order(s) relating to the action taken in this Ordinance and such
development orders 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
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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 9 day of January, 2012.
Attest.
City Commission
Sanford, Florida
City of
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Approved as to form and legal sufficiency.
Iliam L. Colbert, Cit Att6rney
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Jeff TripletVUA*or.
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