4342 2601/2387 Celery Ave Comp Plan AmdmtOrdinance No. 4342
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 9.8 acres in size (portion of Tax
Parcel Identification Numbers 32- 19 -31- 300 -009A -0000
and 32- 19- 31- 300 - 0090 - 0000), addressed as 2601 and
2387 Celery Avenue, and described in this Ordinance
from SE, Suburban Estates, to LDR -SF, Low Density
Residential- Single Family; 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 at
2601 and 2387 Celery Avenue; and
Whereas, the real property which is the subject of this Ordinance currently has
been assigned the SE, Suburban Estates, 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 7, 2015 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
1
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 report was submitted to the
City 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:
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 is hereby amended by changing the
N
land use designation from SE, Suburban Estates, to LDR -SF, Low Density Residential-
Single Family, with regard 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 32, TOWNSHIP 19 SOUTH,
RANGE 31 EAST, CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA,
NAMELY: THE NORTH 725.11 FEET OF THE EAST % OF THE
NORTHWEST % OF THE NORTHEAST 1/4 (LESS THE NORTH 25 FEET
AND THE WEST 30 FEET),
AND A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 19
SOUTH, RANGE 31 EAST, CITY OF SANFORD, SEMINOLE COUNTY,
FLORIDA, NAMELY: BEGINNING ON THE SOUTHEAST CORNER OF
THE NORTHWEST % OF THE NORTHEAST %, RUN WEST 330 FEET,
NORTH 1320 FEET EAST 30 FT SOUTH 725.11 FT EAST TO A POINT
NORTH OF BEG SOUTH TO BEG (LESS N 25 FT).
THE ABOVE DESCRIBED LAND CONTAINS 9.8 ACRES MORE OR
LESS. (TAX PARCEL IDENTIFICATION NUMBERS: 32-19-31- 300 -009A-
0000 and 32- 19 -31- 300 - 0090 -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 validity or effect of any other action or part of this Ordinance.
3
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 13th day of July, 2015.
City Commission, of the City of
Sanford, Florida
Attest.
Cynthia Porter, City Clerk Jeff Triplett,
4
City of Sanford CI►mprehensive Plan Amendment
Site: 2601 Celery Avenue
Parcel No: 32- 19 -31- 300 - 0090 -0000
32- 19 -31- 300 -009A -0000
Proposed Future Land Use: LDRSF Low Density Residential
- Single Family
9.8 Acres
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Existing Land Use
Institutional
Public Service
Single Family Residential
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Future Land Use
Low Density Single
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Item No. .
CITY COMMISSION MEMORANDUM 15.121
JULY 13, 2015 AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Cynthia Porter, City Clerk I
SUBMITTED BY: Norton N. Bonaparte, Jr., Ci Manager
SUBJECT: Small Scale Comprehensive Plan Amendment for 2601 and 2387 Celery
Avenue
THIS IS A LEGISLATIVE MATTER AND, AS SUCH, THE RULES RELATING
TO QUASI - JUDICIAL MATTERS AND PROCEEDINGS ARE INAPPLICABLE.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4342, regarding a small scale comprehensive plan amendment to the future land use
map of the Sanford Comprehensive Plan for 9.8 acres with a project address of 2601 and 2387
Celery Avenue is being submitted for second reading and adoption.
The property owners are Goldchem, LLC and Victory Deliverance Center, Inc. The applicant is
Alec String of the Bryce Foster Corp. Cycorp Engineering, Inc. who accomplished the Citizens
Awareness Participation Plan meeting.
The Affidavits of Ownership and Designation of Agent forms are attached and other information is
available in order to ensure that all potential conflicts of interests are capable of being discerned.
FISCALISTAFFING STATEMENT:
Based on the 2014 property tax roll of Seminole County, the vacant property located at 2601 Celery
Avenue has an assessed value of $106,040. The total tax bill for the parcel in 2014 was $14.32. The
vacant property located at 2387 Celery Avenue has an assessed value of $109,780. The total tax bill
for the property in 2014 was $0 as it currently carries a Church/Religious institution exemption.
If the land use is amended and the site developed, the property would be assessed the City's millage
rate for the new use and generate additional ad valorem and utility revenues for the City.
BACKGROUND:
The 9.8 acre site is located on the south side of Celery Avenue, east of Brisson Avenue adjacent to
the Tusca Place North subdivision. The City Commission adopted Ordinance No. 4322 annexing
Page I of 2
4.82 acres at 2601 Celery Avenue on August 25, 2014. On January 12, 2015 the City Commission
adopted Ordinance No. 4328 annexing an additional 4.99 acres at 2387 Celery Avenue. The two
parcels have been assigned a project address of 2601 Celery Avenue.
The property has an existing Future Land Use map designation of SE, Suburban Estates. The
applicant has submitted a request to amend the designation to LDR -SF, Low Density Residential -
Single Family in order to facilitate a proposed rezone to SR -1, Single Family Residential.
The property is surrounded by single family homes. Therefore, the amendment is compatible with
the adjacent land uses.
This project, if approved, would facilitate diverse housing options which is an initiative associated
with the strategic priority listed as "Update Regulatory Framework" in the Imagine Sanford
strategic plan adopted by the City Commission.
On May 7, 2015, the Planning and Zoning Commission (P &ZC) conducted a public hearing and
unanimously recommended that the City Commission approve the request to amend the
Comprehensive Plan future land use map designation for 9.8 acres with a project address of 2601
Celery Avenue from SE, Suburban Estates to LDR -SF, Low Density Residential - Single Family.
On June 8, 2015, Ordinance No. 4342 was passed on first reading by the City Commission.
The City Clerk published notice of the public hearing in the Sanford Herald on June 28, 2015.
LEGAL REVIEW:
The Assistant City Attorney reviewed this item and assisted in drafting the proposed ordinance.
RECOMMENDATION:
It is Staff's recommendation that the City Commission adopt Ordinance No. 4342, to amend the
Comprehensive Plan future land use map designation for 9.8 acres with a project address of 2601
Celery Avenue from SE, Suburban Estates to LDR -SF, Low Density Residential - Single Family.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4342, to amend the Comprehensive Plan future land use map
designation for 9.8 acres with a project address of 2601 Celery Avenue from SE, Suburban Estates
to LDR -SF, Low Density Residential- Single Family."
Attachments: (1). Site Vicinity Map
(2). Future Land Use Amendment Map
(3). Ordinance No. 4342
See, also, materials attached to rezoning agenda memorandum.
Page 2 of 2
LDR -SF, Low Density Residential- Single Family
North
Seminole County Zoning SE, Suburban Estates
South
Seminole County Zoning SE, Suburban Estates
East
Seminole County Zoning SE, Suburban Estates
West
LDR -SF, Low Density Residential - Single Family
The property is surrounded by single family homes. Therefore, the amendment is compatible with
the adjacent land uses.
This project, if approved, would facilitate diverse housing options which is an initiative associated
with the strategic priority listed as "Update Regulatory Framework" in the Imagine Sanford
strategic plan adopted by the City Commission.
On May 7, 2015, the Planning and Zoning Commission (P &ZC) conducted a public hearing and
unanimously recommended that the City Commission approve the request to amend the
Comprehensive Plan future land use map designation for 9.8 acres with a project address of 2601
Celery Avenue from SE, Suburban Estates to LDR -SF, Low Density Residential - Single Family.
On June 8, 2015, Ordinance No. 4342 was passed on first reading by the City Commission.
The City Clerk published notice of the public hearing in the Sanford Herald on June 28, 2015.
LEGAL REVIEW:
The Assistant City Attorney reviewed this item and assisted in drafting the proposed ordinance.
RECOMMENDATION:
It is Staff's recommendation that the City Commission adopt Ordinance No. 4342, to amend the
Comprehensive Plan future land use map designation for 9.8 acres with a project address of 2601
Celery Avenue from SE, Suburban Estates to LDR -SF, Low Density Residential - Single Family.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4342, to amend the Comprehensive Plan future land use map
designation for 9.8 acres with a project address of 2601 Celery Avenue from SE, Suburban Estates
to LDR -SF, Low Density Residential- Single Family."
Attachments: (1). Site Vicinity Map
(2). Future Land Use Amendment Map
(3). Ordinance No. 4342
See, also, materials attached to rezoning agenda memorandum.
Page 2 of 2
Ordinance No. 4342
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 9.8 acres in size (portion of Tax
Parcel Identification Numbers 32- 19- 31- 300 -009A -0000
and 32- 19 -31- 300 - 0090 - 0000), addressed as 2601 and
2387 Celery Avenue, and described in this Ordinance
from SE, Suburban Estates, to LDR -SF, Low Density
Residential - Single Family; 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 at
2601 and 2387 Celery Avenue; and
Whereas, the real property which is the subject of this Ordinance currently has
been assigned the SE, Suburban Estates, 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 7, 2015 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
1
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 report was submitted to the
City 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:
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 is hereby amended by changing the
4
land use designation from SE, Suburban Estates, to LDR -SF, Low Density Residential-
Single Family, with regard 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 32, TOWNSHIP 19 SOUTH,
RANGE 31 EAST, CITY OF SANFORD, SEMINOLE COUNTY, FLORIDA,
NAMELY: THE NORTH 725.11 FEET OF THE EAST % OF THE
NORTHWEST' /4 OF THE NORTHEAST 1/4 (LESS THE NORTH 25 FEET
AND THE WEST 30 FEET),
AND A PARCEL OF LAND LYING IN SECTION 32, TOWNSHIP 19
SOUTH, RANGE 31 EAST, CITY OF SANFORD, SEMINOLE COUNTY,
FLORIDA, NAMELY: BEGINNING ON THE SOUTHEAST CORNER OF
THE NORTHWEST % OF THE NORTHEAST 1/4, RUN WEST 330 FEET,
NORTH 1320 FEET EAST 30 FT SOUTH 725.11 FT EAST TO A POINT
NORTH OF BEG SOUTH TO BEG (LESS N 25 FT).
THE ABOVE DESCRIBED LAND CONTAINS 9.8 ACRES MORE OR
LESS. (TAX PARCEL IDENTIFICATION NUMBERS: 32-19-31- 300 -009A-
0000 and 32- 19 -31- 300 - 0090 -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 validity or effect of any other action or part of this Ordinance.
3
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 13th day of July, 2015.
Attest.
Cynthia Porter, City Clerk
Approved as to form and legality:
William L. Colbert, Esquire
City Attorney
4
City Commission of the City of
Sanford, Florida
Jeff Triplett, Mayor