4636 Comp Plan Amendment - 21.5 Acres 2485 W. Seminole BlvdOrdinance No. 2021-4636
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 21.56 acres in size (Tax Parcel
Identification Numbers 23-19-30-501-0000-0140 and 23-
19-30-300-0040-0000), addressed as 2485 West Seminole
Boulevard, and described in this Ordinance from
Seminole County SE, Suburban Estates, COM,
Commercial, and LDR, Low Density Residential to City
WDBD, Waterfront Downtown Business District;
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 21.56 acres in size; and
Whereas, the Leo C. Trepanier Revocable Trust and Triple B Acquisitions,
LLC are the owners of certain real property which real property is located at 2485 West
Seminole Boulevard and is assigned Tax Parcel Identification Numbers 23-19-30-501-
0000-0140 and 23-19-30-300-0040-0000 by the Property Appraiser of Seminole
County; and
Whereas, the sole member of Triple B Acquisitions, LLC is Richard Arenas of
Ft. Myers; and
Whereas, the two parcels are located on the south side of West Seminole
Boulevard, west of Oak Drive and north of an unnamed and unopened right-of-way,
west of Riverview Avenue and is located to the west of the northern portion of Venetian
Bay, a residential planned development within the jurisdictional limits of the City; and
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Whereas, the subject property not located within any of the overlay zoning
districts of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA)
associated with the downtown and riverfront, but is located within Sub Area 9 of the
JPA and Sub Area 9 dictates that all parcels between the railroad and United States
Highway 17-92 (Seminole Boulevard) from Mellonville Avenue to Interstate Highway 4
will be assigned the future land use designation of WDBD, Waterfront Downtown
Business District, as they are annexed into the City; and
Whereas, on November 8, 2021, the City Commission enacted Ordinance
No. 4635 which annexed the subject property into the City; and.
Whereas, the real property which is the subject of this Ordinance was
assigned the County's SE, Suburban Estates, COM, Commercial, and LDR, Low
Density Residential, land use designations prior to annexation of the subject real
property, but has been assigned the City's WDBD, Waterfront Downtown Business
District, land use designation by means of an amendment to the City's Comprehensive
Plan; and
Whereas, the City of Sanford's Planning and Zoning Commission, as the
City's local planning agency, held a public hearing on October 7, 2021 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
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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;
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Whereas, the City of Sanford has complied with Florida's Community
Planning Act which was amended during the 2021 Legislative Session by the passage
of Committee Substitute for Committee Substitute for Committee Substitute for House
Bill Number 59 (initially codified as Chapter Number 2021-195, Laws of Florida) to
require every city and county within the State "to include in its comprehensive plan a
property rights element" (Section 163.3177(6)(i)1, 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 of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(b). 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
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this amendment will discourage the proliferation of urban sprawl within the City of
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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 Seminole County SE, Suburban Estates, COM, Commercial,
and LDR, Low Density Residential, land use designations to the City's WDBD,
Waterfront Downtown Business District, land use designation 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 in the exhibits hereto and is assigned Tax Parcel Identification Numbers
23-19-30-501-0000-0140 and 23-19-30-300-0040-0000 by the Seminole County
Property Appraiser and is more specifically described as follows:
In Section 23, Township 19 South, Range 30 East, Seminole County,
Florida: Begin 1518' West and 705' North of the South % Section Post,
Run West 350' North to South right-of-way of United States Highway 17-
92 (Seminole Boulevard) southerly along said right-of-way to point North
of the Point of Beginning, South to Point of Beginning Tax Identification
Parcel Number 23-19-30-300-0040-0000).
me
In Section 23, Township 19 South, Range 30 East, Seminole County,
Florida: Lots 14 to and through 22 and Lots 24 and 25 and the North 1/2
of vacated Street adjacent on South and vacated Street adjacent on
West, subdivision of WOLFER'S LAKE VIEW TERRACE, according to the
plat thereof as recorded in Plat Book 10, Page 66, of the Public Records
of Seminole County, Florida. Tax Identification Parcel Number 23-19-30-
501-0000-0140).
Section 3. Implementing Administrative Actions. The City Manager,
or designee, is hereby authorized to implement the provisions of this Ordinance as
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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. Cod ificationli nstructions 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; provided,
however, that this Ordinance shall not take effect until the annexation ordinance
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annexing the property that is the subject of this Ordinance is final.
Passed and adopted this 8th day of November, 2021.
Attest: City Commission
M "'M
Traci Houchin, MMC, FCRM AWW(
City Clerk Mayor
Approved as to form ani, legality.r,.,,,,
William L. Colbert, Esquire
City Attorney
the City of
CITY OF -'ORD WS— RM X
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FLORIDA Item No.
CITY COMMISSION MEMORANDUM 21.240
NOVEMBER 8, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Planner Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Comprehensive Plan Amendment: Request to change 21.56 acres from SE,
Suburban Estates; COM, Commercial and LDR, Low Density Residential
to WDBD, Waterfront Downtown Business District at project address 2485
W. Seminole Boulevard.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
F� Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A Comprehensive Plan Amendment request to change 21.56 acres from SE, Suburban Estates;
COM, Commercial and LDR, Low Density Residential to WDBD, Waterfront Downtown
Business District at project address 2485 W. Seminole Boulevard has been received. This item is
continued from the September 2021 Planning and Zoning Commission meeting.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the two properties together are vacant, with an
assessed tax value and total tax bill for 2020 shown below:
Parcel Number Assessed Value Tax Bill Property Status
(2020) (2020)
23-19-30-300-0040-0000 $199,823 $2,780 Vacant Waterfront
23-19-30-501-0000-0140 $470,274 $6,543 Vacant – Commercial
If the amendment is approved and subsequently developed, the property will continue be assessed
the City's millage rate for the proposed use.
No additional staffing is anticipated if the amendment is approved.
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The 21.56 -acre property is located on the southwest side of East Seminole Boulevard and Oak
Avenue just south of Lake Monroe. The property owners are Triple B Acquisitions, LLC and Leo
C Trepanier Revocable Trust. The applicant is Javier Omana with CPH, Inc. who was responsible
for completing the Citizens Awareness and Participation Plan (CAPP) requirements of the City's
LDRs. The Affidavit 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.
The property is currently located in unincorporated Seminole County with an A-1, Agriculture; C-
1, Retail Commercial Commodities and R1 -A zoning and SE, Suburban Estates; COM,
Commercial and LDR, Low Density Residential Future Land use to WDBD, Waterfront
Downtown Business District at project address 2485 W. Seminole Boulevard.
The applicant has submitted a petition for annexation to bring the property into the City of Sanford
in order to receive City services. Upon annexation, the site will maintain its current land uses as
assigned by Seminole County, until an amendment is processed to incorporate the property into
the City's Comprehensive Plan. The applicant has submitted a request to amend the
Comprehensive Plan from Seminole County's land use classifications of SE, Suburban Estates;
COM, Commercial and LDR, Low Density Residential Future Land use to the City of Sanford's
WDBD, Waterfront Downtown Business District.
The property is located outside of any of the of the overlay zoning districts associated with the
downtown and riverfront; however it is located within the City of Sanford/Seminole County Joint
Planning Agreement (JPA) area 9. Exhibit B of the JPA describes equivalent future land use
designations in the City and the County Comprehensive Plan. The designations have been deemed
equivalent due to their similar intensities and densities of allowable development. The excerpt for
Area 9 is outlined below, which further defines the appropriate land use classification for these
parcels. (please note emphasized text):
9
North of the
Railroad/South
of US 17-92
The City has established a new land use designation for this area,
Waterfront Downtown Business District, in order to provide a planning
and management framework for promoting the revitalization,
development, and redevelopment of the Lake Monroe waterfront and
the historic downtown area. All parcels between the railroad and US
17-92 from Mellonville Ave. to 1-4 will take this desilInation as they
are annexed into the City. The maximum intensity of nonresidential
development, other than industrial, measured as a floor area ratio
(FAR) is 2.0 for the areas east of French Ave., and .35 for the areas
west of French Ave. These FAR's are intended to illustrate the amount
of development on both specific parcels and in the district overall. The
maximum density for residential development shall be 50 units per
acre. The maximum FAR for industrial uses will be .5.
The implementation of the Waterfront/Downtown Business Land Use
Designation will not require amendments to the zoning map and land
development regulations and all underlying zoning requirements and
land development restrictions will remain in place, including those that
ensure the protection of environmentally sensitive lands, wetlands,
floodplains and drainage ways, aquifer recharge areas, aquatic habitats,
native vegetation and wildlife habitats. All efforts should be made to
protect existing single-family areas from the impacts of more intense
development with added buffering and transition of building heights.
As outlined in the City's Coinpi-ehensive Plan, the WDBD is designed to provide centralized
residential, governmental, cultural, institutional, and general commercial activities within the
downtown and waterfront urban area, while preserving the City's historic character and cultural
heritage through context -sensitive design. The designation provides a planning and management
framework for promoting the revitalization, development and redevelopment of the historic downtown
commercial area. The purpose of the WDBD is to:
• Generate a revitalization effort that attracts private sector investment and strengthens the City's
economy;
• Establish the district as a Regional center;
• Strengthen public/private partnerships;
• Enhance the livability of North Seminole County by encouraging improved residential, retail,
educational, cultural and entertainment opportunities; and
• Provide the framework for redevelopment and infill.
LEGAL REVIEW:
The City Attorney has not reviewed the staff report and the specific analysis provided by City
staff, but has noted the following:
This matter is not a quasi-judicial matter as amendments to local government comprehensive plans
are legislative in nature. That being said, if a proposal to amend the City Comprehensive Plan is
to be recommended for denial, it would be appropriate to state the particular reason for such a
recommendation to be considered by the City Commission - such as the proposal is internally
inconsistent with a goal, objective or policy of the Comprehensive Plan or inconsistent with
controlling State law or the like.
The City Commission approved the first reading of Ordinance No. 4636 on October 25, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on October 27,
2021.
RECOMMENDATION:
It is staff's recommendation to adopt Ordinance No. 4636.
SUGGESTED MOTION:
I move to adopt Ordinance No. 4636.
Attachments: 0). Project Information Sheet.
(2). Comprehensive Plan and Land Use Map.
(3). Site Aerial Map.
(4). Ordinance No. 4636
T:\Development Review\03-Land Development\2021\2861 E Lake Mary Blvd\CPA\CC\CC Memo -2861 E Lake Mary Blvd - SCCPA-SE to
LDRSF.docx
PROJECT INFORMATION 2485 W. SEMINOLE BOULEVARD
COMPREHENSIVE PLAN AMENDMENT
Proposed Use:
Project Address
Current County Zoning:
Equivalent City Zoning:
Proposed Zoning:
Existing Land Use:
Tax Parcel Numbers:
Site Area:
Property Owners:
Applicant/Agent:
Comprehensive Plan Amendment to change 21.56 acres from SE, Suburban
Estates; COM, Commercial and LDR, Low Density Residential (County) to
WDBD, Waterfront Downtown Business District (City)
Single Family Attached — Townhomes
2485 W. Seminole Boulevard
R -IA, Single Family Residential, A-1, Agriculture, C-1, Retail Commercial
Commodities
SR -IA, Single Family Residential, AG, Agriculture, RC -1, Restricted Commercial
PD, Planned Development
Vacant
23-19-30-501-0000-0140 and 23-19-30-300-0040-0000
21.5 acres
Triple B Acquistitions LLC
120 Stone Post Road
Longwood, FL 32779-2745
Javier Omana - CPH, Inc.
1117 E. Robinson Street
Orlando, FL 32801
Trepanier Leo C Rev Trust
C/O Castello, Carol T
286 Club House Blvd
New Smyrna, FL 32168-7910
Phone: (407) 425-0452
Email: jomana@cphcorp.com
CAPP Meeting:
A CAPP meeting was held on July 9, 2021. A copy of the report is attached.
Zoning
Future Land Use
Current Use
North
N/A
N/A
Lake Monroe
South
R- I A (County)
LDR
Single Family Residential
AG (City)
East
R -IA
LDR
Single Family Residential
West
A-1
PUBC
Conservation/Vacant
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.
Current Future Land Use
Proposed Future Land Use
IND, Industrial
1, Industrial
TADevelopment Reviexv\03-1-and Development\2021\3851 E Lake Mary BIvd\RezoneTZC\Project Info - 3851 E Lake Mary Blvd - Rezone.doe
City of Sanford Comprehensive Plan Amendment
Site: 2485 W. Seminole Boulevard
Parcel No: 23-19-30-501-0000-0140, 23-19-30-300-0040-0000,
Proposed Future Land Use: WDBD - Waterfront Downtown
Business District
County
21.5 Acres
Legend
Exis'fing Land Use
Num
Future Land Use
15
Waterfront Downtown Business District
Institutional
Resource Protection
MEL
Suburban Estates
Public
Multi -family
Single Family Residential
Vacant
Existing Land Use
City of Sanford Department of Planning & Development Services, August 2021
August 2021
Present Future Land Use
SE
Seminole
Lake Monroe
County
LY
O
PUBC
Seminole
County
A
> LDR 0
jj Seminole
—> County -j
I LDR -1
Seminole
County
I
Requested Future Land Use
SE
Seminole
11
County Lake Monroe
OF—
PUBC
Seminole
County
ji
> LDR
)� Seminole
> County-,
D
)f
LDR
LD,