4399 Comp Plan Amdmt - 815 Laurel Ave Ordinance No. 2017-4399
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 .17 acre (portion of Tax Parcel
Identification Number 25-19-30-5AG-1007-0080),
addressed as 815 Laurel Avenue, and described in this
Ordinance from LDR-SF (Low Density Residential -
Single Family) to 1, Industrial; 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
approximately .17 acre in size and is located at 815 Laurel Avenue; and
Whereas, the real property which is the subject of this Ordinance is located
on the south side of the 800 block of Laurel Avenue between 8th and 9th street. Therm-
O-Tane Gas Company was founded in the late 1940s and the company was moved to
the current location in 1956; and
Whereas, the real property which is the subject of this Ordinance, and the
pertinent applications therefor, currently has been assigned the LDR-SF (Low Density
Residential - Single Family), land use designation; and
Whereas, the property owner of the property which is the subject of this
Ordinance, based upon the records of the Seminole County Property Appraiser and the
Clerk of Circuit Court for Seminole County, is Thermo-O-Tane Gas and Appliance
Company, Incorporated while the apparent corporate entity is Thermotane Propane,
LLC ; and
Whereas the applicant is Robert Von Herbulis of McKee Construction
Company; and
Whereas, a citizen awareness and participation plan (CAPP) meeting was
held for this project on September 28, 2016 and a Citizens Awareness Participation
Plan report was drafted and provided to the City; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the
City's local planning agency, held a public hearing on February 2, 2017 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, 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
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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 and the proposed
Comprehensive Plan amendment does not trigger any urban indicators and adoption of
this amendment will discourage the proliferation of urban sprawl within the City of
Sanford.
(d). Inasmuch as the property is occupied with an existing established
business, the property which is the subject of this Ordinance already receives public
services
(e). 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
land use designation from LDR-SF (Low Density Residential-Single Family/General
Commercial) to 1, Industrial, 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:
Lot 8, Block 10, Tract 7, Town of Sanford, as recorded at Plat Book 1,
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Page 62 of the Public Records of Seminole County, Florida.
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.
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
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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 27th day of February, 2017.
City Commission of the City of
Sanford, Florida
Attest.,
(L
Cynthia Porter, City Clerk Jeff Triplett, y r
Approved as to form and legality:
William L. Colbert, Esquire
City Attorney