4292 Comp Plan Amendment Ordinance No. 4292
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 9.53 acres in size (Tax Parcel
Identification Number 07- 20 -31- 300 -019B -0000) and
described in this Ordinance; 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 northeast corner of Mellonville Avenue and East Lake Mary Boulevard in the City of
Sanford and the property was annexed into the City on September 10, 1984 by the
enactment of Ordinance Number 1712 by the City Commission; and
Whereas, on December 18, 2000 the City Commission enacted Ordinance
Number 3572 that amended the future land use map of the City of Sanford
Comprehensive Plan for the subject 9.53 acre site from MDR -10, Medium Density
Residential -10 units /acre to I, Industrial and the owner is now applying for the land use
designation to revert back to its prior assignment; and
Whereas, the City Commission enacted Ordinance Number 3575 on December
18, 2000, that rezoned the subject property from SR -1A, Single Family Residential, to
PD, Planned Development, subject to the conditions of development provided in
Development Order Number 00 -24 (the owner is now also concurrently requesting that
the zoning classification assigned to the property revert to SR -1A, Single Family
Residential); and
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Whereas, the City of Sanford's Planning and Zoning Commission (P &ZC), as the
City's local planning agency, held a public hearing on May 16, 2013 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 it being noted, however, that said action resulted from Members
Loader, Green and Mills voting in favor and Members Esler and Newton voting against,
with the Chairman, Mr. Mills, stating that he believes that the P &ZC was taking the right
action and that he hopes any future development will be high quality /low density
residential to allow consistency over the entire parcels and to see a master plan with
which everyone will agree; 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
21, 2013 relative to the subject matter of this Ordinance; 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 163.3187, Florida Statutes.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
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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
MDR -10, Medium Density Residential- maximum 10 units per acre, 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 7, TOWNSHIP 20 SOUTH,
RANGE 31 EAST, CITY OF SANFORD, SEMINOLE COUNTY, Florida,
NAMELY: THE WEST 903.96 FEET OF THE SOUTH 3/4 OF THE
NORTHWEST 1/4 OF THE SOUTHEAST 1/4 AND THE SOUTH 3/4 OF
THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 EAST OF
MELLONVILLE AVENUE (LESS: BEGINNING AT THE SOUTHEAST
CORNER RUN WEST 135.19 FEET NORTH 9 DEGREES 22 MINUTES
52 SECONDS EAST 531.204 FEET NORTH 60 DEGREES 8 MINUTES
12 SECONDS WEST 211.222 FEET 565 DEGREES 4 MINUTES 49
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SECONDS WEST 129.806 FEET NORTH 22 DEGREES 32 MINUTES 8
SECONDS WEST 152.117 FEET NORTH 19 DEGREES 2 MINUTES 55
SECONDS WEST 240.59 FEET WEST TO EAST RIGHT -OF -WAY OF
MELLONVILLE AVENUE NORTH 25 FEET EAST TO A POINT NORTH
OF BEGINNING SOUTH TO BEGINNING And ROAD). THE ABOVE
DESCRIBED LAND CONTAINS 9.53 MORE OR LESS. (TAX PARCEL
IDENTIFICATION NUMBER: 07- 20 -31- 300 -019B- 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
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),
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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 24 day of June, 2013.
City Commission o the City of
Sanford, Florida
Attest:
,/ / 7 - 61 6‹ •
Janet Dougherty, Cit l Jerk Jeff Triplett, M. f
Approved as to form and legality: 1
//
Lei/ •
William L. Colbert, Esquire
City Attorney
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City of Sanford Comprehensive Plan Amendment
May 2013
Site: 2100 East Lake Mary Boulevard
Parcel No: 07- 20 -31- 300 -019B -0000 Present Future Land Use
Proposed Future Land Use: MDR -10 Multi- family Residential I 1 1 1 `
9.14 Acres 1
Low Density
Legend Residential
OIL Ill Existing Land Use Future Land Use • ■
Industrial Industrial O II I
Public Service Single Fam. Res. ■ 111 - Multi Family Residential MDR10 II
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City of Sanford Department of Planning & Development Services, May 2013