4270 Small Scale CPA - 325 Fern DrOrdinance No. 4270
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 (portion of Tax Parcel Identification Number 12-
20-30- 300 - 0170 -0000) described in this Ordinance which
property was annexed into the City of Sanford;
providing for legislative findings and intent; providing
for assignment of the land use designation for the
property; 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 an effective date.
Whereas, the real property which is the subject of this Ordinance is located on
the southwest corner of Sanford Avenue and Fern Drive in the City of Sanford and the
property was annexed into the City on April 9, 2012 by the enactment of Ordinance
Number 4266 by the City Commission; and
Whereas, Seminole County previously assigned the property the future land use
designation of MDR, Medium Density Residential, and an A -1, Agricultural, zoning
classification; and
Whereas, although Section 171.062 (1), Florida Statutes, provides that "[a]n
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," Section
171.062 (2), Florida Statutes, provides that "[i]f the area annexed was subject to a
county land use plan and county zoning or subdivision regulations, these regulations
remain in full force and effect until the municipality adopts a comprehensive plan
amendment that includes the annexed area "; and
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Whereas, it is, accordingly, necessary and appropriate to assign the subject
property a land use designation under the City's Comprehensive Plan and the property
owner has requested that the City assign the property the GC, General Commercial,
land use designation with the property owner's intent being to combine the subject
property with the property to the south located at 3530 Sanford Avenue to develop a
general retail use; and
Whereas, the property owner has applied for a rezone of the property to GC -2,
General Commercial, zoning district which would be consistent with the proposed GC,
General Commercial, land use designation; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the City's
local planning agency, held a public hearing on May 3, 2012 to consider amending the
Future Land Use Map of the Future Land Use Element of the City of Sanford
Comprehensive Plan and recommended approval of the proposed Future Land Use
Map amendment to the Comprehensive Plan for the subject property as requested by
the property owner; and
Whereas, Section 163.3187, Florida Statutes, relates to the amendment of
adopted local government comprehensive plans and sets forth certain requirements
relating to small scale amendments and which are related to proposed small scale
development activities and provides, among other things, that such amendments may
be approved without regard to statutory limits on the frequency of consideration of
amendments to the City of Sanford Comprehensive Plan; and
Whereas, a Citizens Awareness Participation Plan meeting was held on March
7, 2012 relative to the subject matter of this Ordinance; and
o:
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 163.3187, Florida Statutes.
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 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.
(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 assigning the
GC, General Commercial, land use designation 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 described as follows:
A PARCEL OF LAND LYING IN SECTION 12, TOWNSHIP 20 SOUTH,
RANGE 30 EAST, CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA,
SAID LAND BEING A PORTION OF LANDS DESCRIBED IN OFFICIAL
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RECORDS BOOK 4155, PAGE 1346 OF THE PUBLIC RECORDS OF
SEMINOLE COUNTY, FLORIDA AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST
CORNER OF THE SOUTHEAST % OF SAID SECTION 12; THENCE
SOUTH 89 0 32'37" WEST, ALONG THE NORTHERLY LINE OF SAID
SOUTHEAST %, A DISTANCE OF 62.55 FEET TO THE INTERSECTION
OF THE WESTERLY RIGHT -OF -WAY LINE OF SANFORD AVENUE
(RIGHT -OF -WAY VARIES) AND THE SOUTHERLY RIGHT -OF -WAY
LINE OF FERN DRIVE (50 FEET RIGHT -OF -WAY) AT THE POINT OF
BEGINNING; THENCE DEPARTING SAID NORTHERLY LINE THE
FOLLOWING TWO COURSES ALONG SAID WESTERLY RIGHT -OF-
WAY LINE: (1) SOUTH 45 °23'58" EAST, A DISTANCE OF 28.26 FEET;
(2) SOUTH 00 °20'32" EAST, A DISTANCE OF 110 FEET TO THE
SOUTHEAST CORNER OF AFOREMENTIONED LANDS AND
NORTHEAST CORNER OF LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 5737, PAGE 1257 OF SAID PUBLIC RECORDS;
THENCE DEPARTING SAID WESTERLY RIGHT -OF -WAY LINE,
SOUTH 89 0 32'37" WEST, ALONG THE SOUTH LINE OF
AFOREMENTIONED LANDS, AND THE NORTH LINE OF SAID LANDS,
A DISTANCE OF 195 FEET TO THE NORTHWEST CORNER OF SAID
LANDS; THENCE DEPARTING SAID SOUTH LINE AND SAID NORTH
LINE, NORTH 00 °20'32" WEST, A DISTANCE OF 130 FEET TO A
POINT ON THE AFOREMENTIONED NORTHERLY LINE OF
SOUTHEAST % OF SECTION 12, AND THE AFOREMENTIONED
SOUTHERLY RIGHT -OF -WAY LINE OF FERN DRIVE; THENCE NORTH
89 °32'37" EAST, ALONG SAID NORTHERLY LINE AND SAID
SOUTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 175 FEET TO
THE POINT OF BEGINNING. THE ABOVE DESCRIBED LAND
CONTAINS 25,150 SQUARE FEET MORE OR LESS. (Tax Parcel
Identification Number: Portion of 12- 20 -30- 300 - 0170 - 0000).
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. 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 5. Severability. If any section, sentence, phrase, word, or portion of
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this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to
impair the validitrdinorce or effect of any other action or part of this Ordinance.
Section 6. Conflicts. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 7. 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 8. Effective Date. The small scale Comprehensive Plan amendment
set forth herein shall not become effective, in accordance with Section 163.3187(5)(c),
Florida Statutes, until 31 days after the enactment of this Ordinance. If challenged
within 30 days after enactment, the small scale amendment set forth in this Ordinance
shall not become effective until the State land planning agency or the Administration
Commission, respectively, issues a final order determining that the subject small scale
amendment is in compliance with controlling State law.
Passed and adopted this 11 day of June, 2012.
City Commission of th City of
Sanford, Florida
Attest:
Janet Dougherty, Cit Clerk V Jeff Triplett,P4Ar /
Approved s to form a I ality:
illiam . Colbert, Esquire
City Attorney
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City of Sanford Comprehensive Plan Amendment
March 2012
Site: 0.58 acres
Proposed Future Land Use:
GC - General Commercial
Legend
Existing Land Use
Industrial
Single Family Residential
Vacant
Future Land Use
- General Commercial
Industrial
Single Family Residential
- Medium Density Multi- family Residential -15 d.u. /ac
n
Existing Land Use
3
FERN D >
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MONROE MEADOWS BLVD
City of Sanford Department of Planning & Development Services, Marchl 2012
Present Future Land Use
3
FERN DR
MDR ■
(Seminole Co.) ■
ID
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M
MONROE MEADOWS BLVD
Existing Land Use
3
FERN D >
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1'
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MONROE MEADOWS BLVD
City of Sanford Department of Planning & Development Services, Marchl 2012