4271 Rezone - AG to GC-ZOrdinance No. 4271
An ordinance of the City of Sanford, Florida providing for the
rezoning of real property totaling approximately 0.58 acre in size and
located at 325 Fern Drive (portion of Tax Parcel Identification
Number 12- 20 -30- 300 - 0170 -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, Norman Builders, Inc. is the owner of certain real property which land
totals approximately 0.58 acre in size, is located at 325 Fern Drive and is a portion of
the real property assigned Tax Parcel Identification Number 12- 20 -30- 300 - 0170 -0000
by the Property Appraiser of Seminole County; 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
Whereas, it is, accordingly, necessary and appropriate to assign the subject
property an appropriate City zoning classification; and
Whereas, Norman Builders, Inc. 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 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, 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 May 3, 2012 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.
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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 subject property, which is 0.58 acre in size, is located on the
southwest corner of Sanford Avenue and Fern Drive. The property was annexed into
the City on April 9, 2012 by means of Ordinance Number 4266. The applicant intends
to combine the subject property with the property to the south located at 3530 Sanford
Avenue to develop a general retail use.
(c). 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 PropertylImplementing Actions.
(a), Upon enactment of this Ordinance the following described property, as
depicted in the map attached to this Ordinance, and totaling 0.58 acre, shall be rezoned
from the Agriculture ( "AG ") zoning district to the General Commercial ( "GC -2 ") zoning
classification:
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
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 ' / 4 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
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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 0 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 0 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).
(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 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
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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 11th day of June, 2012.
Attest:
City Commission o� t� City of
Sanford, Florida
Jeff Tripl
Approved as to form and legal sufficiency.
W fia 4 n L. Colbert, City Att
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JONES
Site
325 Fern Drive
Parcel No: 12- 20 -30- 300 - 0170 -0000