4474 Rezone Runge/Magnus PDOrdinance No. 2018-4474
An ordinance of 'the City of Sanford, Florida relating to the Runge
Planned Development (PD) renaming the Runge PD to the Magnus PD
and approving a PD master plan; providing for the rezoning of real
property located at 2105 Park Avenue and assigned Tax Parcel
Identification Number 36-19-30-300-0650-0000 within the 'City Limits
(map of the subject property attached); providing for findings and
intent, development conditions and the resolution of disputes by the
Planning and Zoning Commission; providing for the taking of
implementing administrative actions; providing for the adoption of a
map and PD master plan by reference; providing for conflicts;
providing for severability; providing for non -codification and
providing for an effective date.
Whereas, an application has been submitted proposing to rezone property
located at 2105 Park Avenue as a Planned Development (PD) zoning
classification/district being named the Magnus PD being renamed from the Runge PD;
and
Whereas, the Magnus PD master plan relates to 0.25 acre of real property
which was proposed for development as the following uses: medical office including
alternative medicine, acupuncture and dental office; day car; and single family home; and
Whereas, the Magnus PD property is located on the northeast corner of Park
Avenue and East 22nd Street; and
Whereas, the City Commission enacted Ordinance Number 3458 on January
26, 1999, rezoning the subject property from the MR -2, Multiple Family Residential,
zoning district/classification to the PD, Planned Development, zoning
district/classification for the purpose of allowing a doctor's office for Dr. William H. Runge;
=10'
Whereas, Dr. Runge operated his medical office at the location until 2003 after
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which a period of time ran where the subject property was vacant, but later re -occupied
by Good Samaritan Medical Center, followed by Magnus Medical Center Inc., the current
owner of the building; and
Whereas, the corporate officers of Magnus Medical Center Inc. are Meureen
M. Daniel and Jean Belhomme; and
Whereas, the applicant for the Magnus PD approval is Maureen Daniel; and
Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting the
requirements of the City has been submitted to the City; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
recommended that the subject rezoning application be approved having determined that
the proposal is technically sufficient and consistent with the goals, policies and objectives
of the Comprehensive Plan of the City of Sanford, the City's Land Development
Regulations (LDRs), and the controlling provisions of State law; provided, however, that
the requirements of this Ordinance must be adhered to relative to attaining the required
assignment of a land use designation consistent with the requirements of this Ordinance;
and
Whereas, the City staff recommended approval of this Ordinance subject to
normative development detailed development requirements and conditions some of
which, if not later resolved, shall be subject to resolution by the Planning and Zoning
Commission; and
Whereas, on August 2, 2018 the Planning and Zoning Commission
recommended approval of the rezoning request by a vote of 6-1 with Commissioner Mills
2 111 a -e
voting against the approval on the basis of the proposed reversion to only single family
residential use; and
Whereas, the City Commission has determined that the proposed rezoning of
the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the City's LDRs, and the controlling provisions of State law;
RM,
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the Magnus PID rezoning action set forth herein in accordance with the
requirements and procedures mandated by State law.
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 approval set forth in this Ordinance is subject to the specific conditions
that are set forth subsequently in this Ordinance and the Property Owner has agreed that
no requirement herein lacks an essential nexus to a legitimate public purpose and is not
roughly proportionate to the impacts of the proposed use that the City seeks to avoid,
minimize, or mitigate.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives and policies of the
3 111 a , c
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of real property/implementing actions; the Magnus
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned from the Runge PD to the Magnus PID
zoning classification consistent with the provisions of this Ordinance.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein with
regard to the Magnus PID 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
and as set forth herein.
(c). The conditions to be incorporated into the pertinent development order
relating to the action taken in this Ordinance include the following:
(1). All development shall be consistent with the Magnus PID Master Plan, dated
July 3, 2018, unless otherwise specifically set forth in any associated development order;
provided, however, that all subsequent development orders shall be consistent with the
provisions of this Ordinance; provided, however, that day care uses that are not allowed
in residential uses as mandated by State law shall be prohibited; provided, further,
however, that should the subject property be put into use as a single family residence,
then the subject property shall have no other authorized uses except for single family
residential uses and all other uses permitted in this Ordinance shall lapse.
4 1 P a o e
(2). The resolution of all disputes arising from development under the Magnus
PD shall be resolved by the Planning and Zoning Commission unless otherwise
specifically provided by controlling law.
Section 3. Incorporation of map and PD Master Plan for the Magnus PD.
The map attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance establishing the
Magnus PD.
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; Implementation.
(a). This Ordinance shall be not be codified in the City Code of the City of
Sanford or the City's LDRs; 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.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a non -statutory development agreement which shall be executed
by the Property Owner, or their successor(s) in interest within 60 days of the effective
5 1 P a g e
date of this Ordinance or the subject property's zoning classification shall revert to an
Attest:
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 10th day of September, 2018.
City Commissi of the City of
Sanford, Floridal
J
Traci Houchin, City Clerk Jeff Tripl
Approved as to form and legal sufficiency. OR
IV00001,
William L. Colbert, City Attorney
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WS RM
CITY OF Item No.
AN"FORD
FLORIDA
CITY COMMISSION MEMORANDUM 18-197
SEPTEMBER 10, 2018
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICD, Development Services ge
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: A request to amend the Runge PD at 2105 P Avenue to expand the uses
C
THIS IS A QUASI-JUDICIAL MATTER AND, AS SUC ,REQUIRES DISCLOSURE OF ALL
EX -PARTE COMMUNICATIONS, INVESTIGATIONS, SITE VISITS AND EXPERT OPINIONS
REGARDING THIS MATTER,
STRATEGIC PRIORITIES:
El Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to amend the PD, Planned Development zoning for 0.25 acre of property at 2105 Park
Avenue to expand the allowable uses within the PD and rename the Runge PD to the Magnus PD
has been received.
The property owner is Magnus Medical Center, Inc. The applicant, Maureen Daniel, of Magnus
Medical was responsible for completing the required CAPP (Citizens Awareness and Participation
Plan) meeting.
The Affidavit of Ownership and Designation of Agent form is attached and additional information
is available in order to ensure that all potential conflicts of interest are capable of being discerned.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the property is the site of a single story office
building. Based on the 2018 property tax roll of Seminole County, the parcel has a combined total
assessed value of $196,028. The total tax bill was $3,732.
No additional staffing is anticipated if the Planned Development is approved.
BACKGROUND:
The 0.25 acre property is located on the northeast comer of Park Avenue and E 22"d Street. The
City Commission adopted Ordinance No. 3458 on January 26, 1999 rezoning the property from
MR -2, Multiple Family Residential to PD, Planned Development for the purpose of allowing a
Doctor's office for Dr. William H. Runge. Dr. Runge operated at the location until 2003. After a
period of being vacant, the site was re -occupied by Good Samaritan Medical Center, followed by
Magnus Medical Center, the current owner of the building.
Recently the Magnus Medical Center has undertaken the task of moving out of the building and
the owner seeks to sell the property. The site, however, is specifically zoned for a Doctor's office
only, per the permitted use established by the PD. The property owners have had a difficult time
finding a doctor specifically to occupy the building and has approached the City to amend the PD
to allow for additional uses to be able to sell the building.
The applicant has proposed additional professional uses on the site. A Master Plan is submitted
with this request showing permitted activities that will allow Business and Professional Office uses
of low impact and by appointment only including but not limited to: Medical or Doctors Office;
Dental or Orthodontic Office; Acupuncture or other Alternative Medicine; Attorney's office,
Surveyor, Engineer or other professional services. The Master Plan also notes that Business and
Professional Office uses of high impact shall be prohibited including but not be limited to
Telemarketing; Tax Preparation Services; Financial Institutions; Services that are retail in nature.
Per input from the neighbors, it has been determined that a Day Care facility may not be compatible
with the neighborhood, with the exception of an in-home day care as defined by the state if the
structure is occupied as single family residential. Staff recommends that if a Day Care facility of
more than 6 individuals be considered, it require a Major Conditional Use for approval before the
Planning and Zoning Commission.
The Master Plan included with this report also includes a broader list of uses that may be
considered for this property.
On August 2, 2018, by a vote of 6 to 1, the Planning and Zoning Commission recommended the
City Commission adopt an ordinance to approve the request to amend the PD, Planned
Development zoning for 0.25 acre of property at 2105 Park Avenue to allow the expansion of
allowable uses within the PD and rename the Runge PD to the Magnus PD subject to a
development order containing the following:
All development shall be consistent with the Magnus PD Master Plan, dated July 3, 2018,
with the exception that day care uses including those in residential uses as mandated by
State law shall be prohibited; in addition, if the subject property becomes a single family
residence, then the subject property shall have no other authorized uses except for single
family residential uses and all other uses permitted in this Ordinance shall lapse.
2. Any dispute relative to the aforementioned matters shall be resolved by the Planning and
Zoning Commission, after a public hearing, by means of a development order or denial
development order relating thereto.
The dissenting vote, Mr. Jerry Mills, stated that the requirement to take a building that was
constructed as an office, allow it to convert to residential but not return back to commercial is an
undue burden on a future property owner.
On August 27, 2018 the City Commission approved the first reading of Ordinance No. 4474 to
amend the PD, Planned Development zoning for 0.25 acre of property at 2105 Park Avenue to
expand the allowable uses within the PD and rename the Runge PD to the Magnus PD subject to
all recommended conditions.
LEGAL REVIEW:
The City Attorney has reviewed the staff report and has noted the following: Section 166.033,
Florida Statutes, provides as follows (please note emphasized text):
"(1) When reviewing an application for a development permit that is certified by a professional
listed in s. 403.0877, a municipality may not request additional information from the
applicant more than three times, unless the applicant waives the limitation in writing. Before
a third request for additional information, the applicant must be offered a meeting to attempt
to resolve outstanding issues. Except as provided in subsection (4), if the applicant believes
the request for additional information is not authorized by ordinance, rule, statute, or other
legal authority, the municipality, at the applicant's request, shall proceed to process the
application for approval or denial.
(2) When a municipality denies an application for a development permit, the municipah
shall eive written notice to the applicant. The notice must include a citation to the
applicable portions of an ordinance, rule, statute, or other legal authority for the denial
of the permit.
(3) As used in this section, the term "development permit" has the same meaning as in s.
163.3164, but does not include building permits.
(4) For any development permit application filed with the municipality after July 1, 2012, a
municipality may not require as a condition of processing or issuing a development pen -nit
that an applicant obtain a permit or approval from any state or federal agency unless the
agency has issued a final agency action that denies the federal or state permit before the
municipal action on the local development permit.
(5) Issuance of a development permit by a municipality does not in any way create any right on
the part of an applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the municipality for issuance of the permit if the applicant fails
to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency
or undertakes actions that result in a violation of state or federal law. A municipality shall
attach such a disclaimer to the issuance of development permits and shall include a permit
condition that all other applicable state or federal permits be obtained before
commencement of the development.
(6) This section does not prohibit a municipality from providing information to an applicant
regarding what other state or federal permits may apply."
The above -referenced definition of the term "development permit" is as follows:
"(16) 'Development permit' includes any building permit, zoning permit, subdivision approval,
rezoning, certification, special exception, variance, or any other official action of local
government having the effect of permitting the development of land." (Section
163.3164(16), Florida Statutes).
Thus, if this application is denied, a denial development order must be issued which must cite to
the applicable portions of each ordinance, rule, statute, or other legal authority supporting the
denial of the application. For example, if a goal, objective or policy of the Sanford Comprehensive
Plan were to be the basis for a denial, then such goal, objective or policy must be part of the motion
proposing the denial. A denial development order would be drafted to implement the actions of
the Planning and Zoning Commission in the event of such occurrence. Accordingly, any motion
to deny must state, with particularity, the basis for the proposed denial.
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [of] an application"
"(15) 'Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
RECOMMENDATION:
The Planning and Zoning Commission recommended that the City Commission approve the PD,
Planned Development zoning for 0.25 acre of property at 2105 Park Avenue to expand the
allowable uses within the PD and rename the Runge PD to the Magnus PD subject to a
development order containing the following:
All development shall be consistent with the Magnus PD Master Plan, dated July 3, 2018,
with the exception that day care uses including those in residential uses as mandated by
State law shall be prohibited; in addition, if the subject property becomes a single family
residence, then the subject property shall have no other authorized uses except for single
family residential uses and all other uses permitted in this Ordinance shall lapse.
2. Any dispute relative to the aforementioned matters shall be resolved by the Planning and
Zoning Commission, after a public hearing, by means of a development order or denial
development order relating thereto.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to (approve) (approve with conditions) (deny) the second reading of Ordinance No. 4474
to amend the PD, Planned Development zoning for the 0.25 acre property at 2105 Park Avenue to
expand the allowable uses within the PD and rename the Runge PD to the Magnus PD based on
consistency with the goals, objectives and policies of the City's Comprehensive Plan subject to a
Development Order containing all recommended conditions.
Attachments: Project Information Sheet
Site Vicinity Map
Aerial Map
Applicant's Affidavits of Ownership and Designation of Agent
CAPP Meeting Report dated June 22, 2018
Adjacent owner letters
PD Master Plan dated July 3, 2018
Ordinance No. 4474
T,\Developmenl ReviewM-Land Development\21018\2105 Park Ave • Officc%PZC Memo - 2105 Park Ave - PD Amendment doex
Requested Action:
Proposed Use:
Project Address:
Current Zoning:
Current Land Use:
Legal Description:
Tax Parcel Number:
Site Area:
Property Owners:
Applicant/Agent:
CAPP Meeting:
Commission District:
PROJECT INFORMATION - 2105 PARK AVENUE
PD REZONE
Amend the PD to expand the allowable uses
PD, Planned Development
2105 Park Avenue
PD, Planned Development
Existing Business and Professional Office
SEC 36 TWP 19S RGE 30E S 140 FT OF W 100 FT OF E 300 FT OF NW 1/4 OF NE 1/4
OF SE 1/4 (LESS ST)
36-19-30-300-0650-0000
0.25 acre or 10,890 square feet
Magnus Medical Center, Inc.
2 105 Park Avenue
Sanford, Florida 32771
Maureen Daniel
18061 Stratford Grand Street
Orlando, FL 32820
The applicant held a Citizen Awareness Participation Plan meeting on Thursday July 12,
2018. A summary of the CAPP meeting and follow up information is attached.
District 3 — Commissioner Patrick Austin
COMPREHENSIVE PLAN COMPLIANCE REVIEW
Planning staff has reviewed the request and has determined the use and proposed improvements to be consistent with the
Goals, Objectives and Policies of the Comprehensive Plan.
Future Land Use: LDRSF, Low Density Residential Single Family
Existing Land Use: Medical Office
T:\Developrnent ReviewNO3-Land Development\20W2105 Park Ave - OfficeTroject Info - 2105 Park Ave - PD Arnendment,duc
CITY OF
S ORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
FLORIDA
Please use additional sheets as needed. If any additional sheets are attached to this document please sign here and note below:
1. Ownership
-rJ C, A I --.t t4
Tax Parcel Number(s):
Address of Prope :
for which this k!�� 7
U " J #(h Cu ASM: izgt 6,4 i r -i. hereby attest to ownership of the property described below,
,4 , application is submitted to the City of Sanford.
11. Designation of Applicant's Agent (leave blank If not applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent In all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all information contained in the application is accurate and
complete to the best of my personal knowledge.
Applicants Agent (Print): Signature:
Agent Address:
Email: Phone: Fax.
111. Notice to Owner
A. All changes in Ownership and/or Applicatirs Agent prior to final action of the City shall require a new affidavit If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e.: limited to obtaining a certificate of concurrency; limited to obtaining a land use complia '
nee certificate, etc.)
The owner of the real property associated with this application or procurement activity Is a (check one)
o Individual dCorporation o Land Trust o Partnership o Limited Liability Company
13 Other (describe):
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer, the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed If a corporation's stock are traded publicly on any national stock exchange.
iit' rust and address of each trustee and the name and address of the beneficiaries of the trust and the
3. 'Inth6das -otfat' ` list the -.name,
. ' 4, - ! 'beneficiary. If any trustee or beneficiary of a trust is a corporation, ase provide information
percentage ofiritereiii-6fi6ch-, po pie the
required in paragraph 2 above.
Name of Trust:
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the Information required in paragraph 2 above.
1
6. For each limited liability company, list the name, address, and fide of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2. 3 and/or 4 above.
Name of LLC:
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract.
NAME
TITLEIOFFICEITRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
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(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment special
exception, or variance Involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
0 L'�_Sj 20
bate '*
STATE OF FLORIDA
COUNTY OF.. )e
Sworn to (or affirmed) and subscribed before me by \,,,n rill
on this d-5tW day of 20
Signature of Notary Public
Personally Known 0 OR Produced Identification
Type of Identification Produced F (_ -b L-
Afflda,Ato(Ownership - January 2o16
Owner, Agent Applicant Signature
Print, Type or
ANNETTE BLAND
Notary Pubk - State of Fla Wa
Commission # GG 060623
My Comm. Expires Jan 16, 2018
MAGNUS MEDICAL CENTER,INC.
2105 S. PARK AVE,
SANFORD,FL 32771
407-330-9086
JUNE 25,2018
TO THE CITY OF SANFORD ZONING DEPARTMENT;
THIS IS AN UPDATE OF LETTERS SENT OUT TO ALL OF THE HOME OWNERS FROM THE LIST
PROVIDED BY THE CITY OF SANFORD ZONING DEPARTMENT.
68 LETTERS WERE MAILED OUT TO THE HOME OWNERS ON JUNE 4TH,2018. ONLY 1
NEIGHBOR HAD APPROACHED US TO INQUIRE ABOUT THE LETTER THAT HE RECEIVED.
THE NEIGHBOR MR. ROBINSON, NOLAN WHO RESIDES ON 2118 S. PARK AVE. SANFORD,
FL 32771.
SEE COPY OF THE LETTERS SENT OUT TO THE NEIBORHOOD HOME OWNERS. ALSO, COPY OF
LETTER MAILED TO MAGNUS MEDICAL CENTER, INC.
A RETURNED LETTER SENT TO 8073 KALIKO LN. WELLINGTON FL 33414.
NO SIGN IN SHEET. NO ONE CAME TO THE OFFICE ON JUNE 22ND. 2018 BETWEEN THE HOURS
10 A.M TO 12 NOON TO DISCUSS THE MATTER AT HAND.
THANK YOU
r� r
1
June 8, 2018
City of Sanford Planning & Zoning Commission
300 N. Park Avenue
Sanford, FL 32771
RE: Zoning Request
Dear Board Members,
I am writing this letter regarding the zoning request submitted by Dr. M. Daniel for a property
located on 2105 S. Park Avenue in Sanford. The letter I received in the mail indicates that the
current zoning for a medical office be expanded to the possible use of the following:
Medical Office
Alternative Medicine
Acupuncture
Dental Office
Day Care
Residential Home
I am writing to voice my opposition to the expanded zoning request. I oppose this request for
several reasons.
1. I am not certain how a structure in a residential area was allowed to be zoned for a
medical office in the first place. Clearly, it should never have happened. The business is
surrounded by residential homes, with no other businesses in the vicinity.
2. That being the case, no further expansion of this zoning should be allowed. It would be a
disruption to the peace and quiet that the residents of this neighborhood have come to
expect and enjoy. That is why there are commercial zones, residential zones, etc. My
home is located directly east of the property submitting the request, and I would be
directly impacted by the additional noise and disruption any additional traffic would
bring.
3. Businesses such as a day care facility bring with it additional traffic, noise, and
construction. I'm certain there are regulations regarding indoor and outdoor spaces and
the property would have to be amended to accommodate outdoor play areas and other
safety requirements. The outdoor spaces would directly impact my property, as well as
those neighbors in the immediate, surrounding areas. I chose to purchase my home
because it was located in a quiet, residential area. I do not want to be subjected to the
noise and disruption of a business such as a day care facility. I also feel it will have a
negative impact on my property value. If I was considering a home purchase and there
was a day care facility abutting my property, I would immediately refuse to consider that
property.
4. 1 am requesting that the property be re -zoned for residential use only. This part of
Sanford is not structured for commercial development. The request should never have
been approved in the first place, and this is your opportunity to restore this property to its
original, intended use.
Sincerely,
Anne K. Hawkinson
2106 S. Magnolia Ave.
Sanford, FL 32771
4
City of Sanford Planning & Zoning Commission
300 N. Park Avenue
Sanford, Florida 32771
RE: Zoning Request
cc. Patrick Austin, Commissioner District 3
Dear Board Members,
This past week I received this letter from Dr. M. Daniel, MD. I do not know Dr. Daniel
and cannot locate any medical facility that he is associated with in Sanford or the area.
See enclosed letter.
He is requesting rezoning for more intense usage of the property located at 2105 S.
Park Avenue. Although this property has always had signage of Magnus Medical
Center there has never been an actual business operating out of this property.
This property is directly behind my residence where I have lived for 18 years and is
surrounded by single family dwellings on all sides and would directly Impact me and
the other residents residing on this block.
To allow a Residential Home or a Day Care Facility will disrupt the tranquility of the
neighborhood and create disturbances within. Businesses of this nature will bring more
traffic, noise, and are not compatible within this square block.
There are commercial areas on Park Avenue at 25th Street and 13th Street and any
additional businesses should be confined to these strip malls already in existence and
not invading the surrounding residential areas.
This change in zoning would not seem to be a good path for Sanford to take to
improve the image of our city or to encourage future citizens to move here If we cannot
protect our way of life.
I therefore OPPOSE the expanding of this zoning request.
Sincerely,
RWA
Kadeen Stevenson
2108 S Magnolia Av.
Sanford, Florida 32771
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Ordinance No. 2018-4474
An ordinance of the City of Sanford, Florida relating to the Runge
Planned Development (PD) renaming the Runge PD to the Magnus PD
and approving a PD master plan; providing for the rezoning of real
property located at 2105 Park Avenue and assigned Tax Parcel
Identification Number 36-19-30-300-0650-0000 within the 'City Limits
(map of the subject property attached); providing for findings and
intent, development conditions and the resolution of disputes by the
Planning and Zoning Commission; providing for the taking of
implementing administrative actions; providing for the adoption of a
map and PD master plan by reference; providing for conflicts;
providing for severability; providing for non -codification and
providing for an effective date.
Whereas, an application has been submitted proposing to rezone property
located at 2105 Park Avenue as a Planned Development (PD) zoning
classification/district being named the Magnus PD being renamed from the Runge PD;
and
Whereas, the Magnus PD master plan relates to 0.25 acre of real property
which was proposed for development as the following uses: medical office including
alternative medicine, acupuncture and dental office; day car; and single family home; and
Whereas, the Magnus PD property is located on the northeast corner of Park
Avenue and East 22nd Street; and
Whereas, the City Commission enacted Ordinance Number 3458 on January
26, 1999,
rezoning the subject
property from the
MR -2, Multiple Family Residential,
zoning
district/classification
to the PD,
Planned Development, zoning
district/classification for the purpose of allowing a doctor's office for Dr. William H. Runge;
mme
Whereas, Dr. Runge operated his medical office at the location until 2003 after
which a period of time ran where the subject property was vacant, but later re -occupied
by Good Samaritan Medical Center, followed by Magnus Medical Center Inc., the current
owner of the building; and
Whereas, the corporate officers of Magnus Medical Center Inc. are Meureen
M. Daniel and Jean Belhomme; and
Whereas, the applicant for the Magnus PD approval is Maureen Daniel; and
Whereas, a Citizen Awareness and Participation Plan (CAPP) meeting the
requirements of the City has been submitted to the City; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
recommended that the subject rezoning application be approved having determined that
the proposal is technically sufficient and consistent with the goals, policies and objectives
of the Comprehensive Plan of the City of Sanford, the City's Land Development
Regulations (LDRs), and the controlling provisions of State law; provided, however, that
the requirements of this Ordinance must be adhered to relative to attaining the required
assignment of a land use designation consistent with the requirements of this Ordinance;
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Whereas, the City staff recommended approval of this Ordinance subject to
normative development detailed development requirements and conditions some of
which, if not later resolved, shall be subject to resolution by the Planning and Zoning
Commission; and
Whereas, on August 2, 2018 the Planning and Zoning Commission
recommended approval of the rezoning request by a vote of 6-1 with Commissioner Mills
2 1 P a u, �:
voting against the approval on the basis of the proposed reversion to only single family
residential use; and
Whereas, the City Commission has determined that the proposed rezoning of
the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the City's LDRs, and the controlling provisions of State law;
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the Magnus PID rezoning action set forth herein in accordance with the
requirements and procedures mandated by State law.
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 approval set forth in this Ordinance is subject to the specific conditions
that are set forth subsequently in this Ordinance and the Property Owner has agreed that
no requirement herein lacks an essential nexus to a legitimate public purpose and is not
roughly proportionate to the impacts of the proposed use that the City seeks to avoid,
minimize, or mitigate.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives and policies of the
311) sig c
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of real property/implementing actions; the Magnus
(a), Upon enactment of this Ordinance the subject property, as depicted in the
map attached to this Ordinance shall be rezoned from the Runge PD to the Magnus PID
zoning classification consistent with the provisions of this Ordinance.
(b). The City Manager, or designee, is hereby authorized to execute any
documents necessary to formalize approval of the rezoning action taken herein with
regard to the Magnus PD 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
and as set forth herein.
(c). The conditions to be incorporated into the pertinent development order
relating to the action taken in this Ordinance include the following:
(1). All development shall be consistent with the Magnus PD Master Plan, dated
July 3, 2018, unless otherwise specifically set forth in any associated development order;
provided, however, that all subsequent development orders shall be consistent with the
provisions of this Ordinance; provided, however, that day care uses that are not allowed
in residential uses as mandated by State law shall be prohibited; provided, further,
however, that should the subject property be put into use as a single family residence,
then the subject property shall have no other authorized uses except for single family
residential uses and all other uses permitted in this Ordinance shall lapse.
4 111 <t �.i 4
(2). The resolution of all disputes arising from development under the Magnus
PD shall be resolved by the Planning and Zoning Commission unless otherwise
specifically provided by controlling law.
Section 3. Incorporation of map and PD Master Plan for the Magnus PD.
The map attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance establishing the
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
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; Implementation.
(a). This Ordinance shall be not be codified in the City Code of the City of
Sanford or the City's LDRs; 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.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a non -statutory development agreement which shall be executed
by the Property Owner, or their successor(s) in interest within 60 days of the effective
5 111 �t g e
date of this Ordinance or the subject property's zoning classification shall revert to an
un -zoned property status.
Attest:
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this loth day of September, 2018.
City Commission of the City of
Sanford, Florida
Traci Houchin, City Clerk Jeff Triplett, Mayor
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
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