4657 Rezone - 3500 Sanford AvenueOrdinance No. 2021-4657
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 1.3 acres in size (Tax identification Parcel
Numbers: 12-20-30-503-0300-0010 and 12-20-30-503-0300-0030
(generally addressed as 3500 Sanford Avenue) within the City Limits
(map of the property attached) from the MR -3, Multiple Family
Residential, zoning districticlassification to the SR -1, Single Family
Residential, zoning district/classification; providing for the taking of
implementing administrative actions; providing for the adoption of a
map by reference; repealing all conflicting ordinances; providing for
severability; providing for non -codification and providing for an
effective date.
Whereas, Seminole County, a political subdivision of the State of Florida, is the
owner of the property which is the subject of this Ordinance (Tax Parcel Identification
Numbers 12-20-30-503-0300-0010 and 12-20-30-503-0300 as assigned by the Seminole
County Property Appraiser) and is generally addressed as 3500 Sanford Avenue; and
Whereas, the subject real property (a site 1.3 acres in size) is addressed as
3500 Sanford Avenue; and
Whereas, the subject real property is located within sub -area 9 of the 2015
Seminole County/City of Sanford Joint Planning Agreement; and
Whereas, the property owner of the property which is the subject of this
Ordinance, is Seminole County, a political subdivision of the State of Florida, which
intends to develop 5 single family homes on the subject property as part of its affordable
housing program for the benefit of the public; and
Whereas Quentin Grose, Attainable Housing Program Manager, Seminole
County Community Services, is serving as the applicant and representative of the
property owner; and
Whereas, a modified Citizen Awareness and Participation Plan (CAPP)
process adhering to the requirements of the City has been accomplished by Mr. Grose to
the satisfaction of the City with a CAPP meeting being held on September 16, 2021; and
Whereas, the property owner has applied to the City of Sanford, pursuant to
the controlling provisions of State law and the Code of Ordinances of the City of Sanford,
to have the subject property rezoned from the MR -3, Multiple Family Residential, zoning
district/classification to the SR -1, Single Family Residential, zoning district/classification
which action will bring the property into compliance with the LDR-SF, Low Density
Residential, Single Family, land use designation assigned to the property under the
provisions of 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 November 4, 2021 to consider the subject
proposed rezoning of the subject real property and voted to recommend approval of the
action; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
general planning and land development issues should the subject rezoning application
be approved and has otherwise reviewed and evaluated the application to determine
whether is comports with sound and generally accepted land use planning practices and
principles as well as whether the application is consistent with the goals, objectives and
policies set forth in the City's Comprehensive Plan; and
Whereas, professional City planning staff, the City's Planning and Zoning
2
Commission and the City Commission have determined that the proposed the rezoning
of the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the land development regulations of the City of Sanford, and
the controlling provisions of State law; and
Whereas, the City Commission of the City of Sanford, Florida has taken, as
implemented by City staff, all actions relating to the rezoning action set forth herein in
accordance with the requirements and procedures mandated by State law and all prior
land use actions of the City are hereby ratified and affirmed.
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 City has not waived any rights or remedies by taken the action set forth
herein or by approving any successive development orders and reserves any and all
rights and remedies available to the City under controlling law including, but not limited to,
the protections under the laws pertaining to sovereign immunity.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
Section 2. Rezoning of Real Property/Implementing Actions.
(a). Upon enactment of this Ordinance the following described property, as
depicted in the map attached to this Ordinance, and totaling is 1.3 acres in size, shall be
rezoned from the MR -3, Multiple Family Residential, zoning district/classification to the
SR -1, Single Family Residential, zoning district/classification:
Tax Identification Parcel Numbers Owner
12-20-30-503-0300-0010 and 12-20-30-503-0300- Seminole County, a
political subdivisions of the
State of Florida.
The subject real property is more specifically described as follows:
Lots 1 and 2 (less the West 75' and road located on the North and East),
Block 3 the subdivision of FLORA HEIGHTS, as recorded at Plat Book 3,
Page 19 of the Public Records of Seminole County, Florida.
(b). The City Manager, or designee, is hereby authorized to execute any and all
documents necessary to formalize approval of the rezoning action taken herein 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.
(c). Conditions of development relating to the subject property may be
incorporated into the subsequent pertinent development orders and development permits
and such development orders and development permits may be subject to public hearing
requirements in accordance with the provisions of controlling law.
Section 3. Incorporation of Map. The map attached to this Ordinance is
hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of
this Ordinance.
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
Ordinance are hereby repealed.
41 i' -2
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. This Ordinance shall not be codified in the City
Code of the City of Sanford or the Land Development Code of the City of Sanford;
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.
Section 7. Effective Date This Ordinance shall take effect immediately upon
enactment.
Passed and adopted this loth day of January, 2021.
Attest:
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legal
6AZ (a
City Commission of the City of
Mayor
Requested Action
PROJECT INFORMATION - 3500 SANFORD AVENUE
REZONE
Project Address:
Current Zoning:
Proposed Zoning
Existing Land Use:
Proposed Use:
Legal Description:
Tax Parcel Numbers:
Site Area:
Property Owner:
Rezone from MR -3, Multiple Family Residential to SR -1, Single Family Residential at
3500 Sanford Avenue to bring the property into compliance with its existing land use.
3500 Sanford Avenue
MR -3, Multi -Family Residential
SR -1, Single Family Residential
Single Family Residential
5 Single Family Homes
LOTS I + 2 (LESS W 75 FT & RDS ON N & E) BLK 3 FLORA HEIGHTS PB 3 PG 19
12-20-30-503-0300-0010, 12-20-30-503-0300-0030
1.3 Acres
Seminole BCC
1.101 W. 15` Street
Sanford FL, 32771
Applicant/Agent: Quentin Grose, Program Manager
Attainable Housing
Seminole County - Community Services Department
534 W Lake Mary Blvd.
Sanford, FL 32773
Office: 407-665-2376 Fax: 407-665-2399
Email: qgi-ose(itseiiiil101eCOLintvfl.ggy
CAPP Meeting: A CAPP meeting was held on September 16, 2021.
Commission District: District 3 — 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: LDR-SF — Low Density Residential Single -Family
Existing Land Use: Vacant
SURROUNDING USES AND ZONING:
Zoning
Uses
North
R-1 (County)
Residential
South
S R- I AA (City)
Vacant Lot
East
SRI -AA (City)
Residential
West
R-1 (County), SR -I (City)
Residential
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Legend
HIBISCUS DR1
Zoning
GC -2
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3500 Sanford Avenue
Parcel No: 12-20-30-503-0300-0010
12-20-30-503-0300-0030
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PLANNING & DEVELOPMENT
SERVICES DEPARTMENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
Ownership
I. Seminole County BoCC
Tax Parcel Number(s): 12-20-30-503-0300-0030
Address of Property: .
for which this Rezone
Sanford Ave, Sanford, FL 32771
hereby attest to ownership of the property described below:
application is submitted to the City of Sanford.
II. Designation of Applicanift 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):
Agent Address:
Email:
111. Notice to Owner
� a ITOTIT-3
Signature:
Fax:
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew 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 compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
o Individual o Corporation o Land Trust o Partnership o Limited Liability Company
a Other (describe): Government Entity
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.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
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.
5. For each limited liability company, list the name, address, and title 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:
(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.
Dat6 Owner, Agent, Applicant Signature
STATE OF FLORIDA
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on this day, before me, an officer duly authorized to administer oaths and take acknowledgments,
personally appeared A ,� "' , '' " { } who is personally known to me or { } who produced as identification
and acknowledged before me that s/he executed the same. Sworn an ' d subscribed before me, by J-1 by means of
{,J physical presence or { } online notarization on the 1� `% day of 2020, the said person did take an oath and was first
duly sworn by me, on oath, said person, further, deposing and saying that s/he has read the foregoing and that the statements and
allegations contained herein are true and correct.
WITNESS my hand and official seal in the County
and State la�t aforesaid this day of 2020.
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-Notary Public; State of Florida p00- NO" Pubft Shft of F*ft
(Affix Notarial Seal) '% Quwfin Wd" Gmw
Printed Name: j MyC*Mmbs1=HH0N%W
Affidavit of Ownership - February 2020 "**,, EXPLMS 11112=4
Community Development Office
Today's Date: September 17, 2021
Property Address: 3500 Sanford Ave Sanford, FL 32773
Dear Mrs. Hinson,
On September 16, 2021 from 6:00 — 7:00 pm, I held a CAPP Meeting regarding the rezone from MR2
to SR1 for 3500 Sanford Ave. Initially, I mailed out 105 letters to the residents within a 500 foot
radius. Four of those were returned to sender by the Postal Service.
I had four residents attend the meeting. Please see attached sign in sheet for details.
We discussed rezoning the second parcel (12-20-30-503-0300-0030) back to the original lots of
record. Also discussed was the possibility of adding sanitary sewer to that block, as well as the
possibility of improving the originally platted "alleyway" in the rear of the lots. There were no
objections noted during the meeting from any of the residents that were in attendance. There was no
other correspondence received in response to any mailings that went out.
Thank you.
Sincerely,
-7
Quentin M Grose
Program Manager
Attainable Housing
Community Services Department
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Today's Date: August 6, 2021
Property Address: 3500 Sanford Ave Sanford, FL 32773
Dear Property Owner:
Seminole County, through its Community Development Office, is striving to provide community
improvements to Seminole County neighborhoods. As part of these efforts to create more
opportunities for homeownership in your area, Seminole County would like to inform you of a
proposed rezoning to Single Family Residential (SR -1) for the property located at 3500 Sanford Ave.
The Single Family Residential (SR -1) rezoning would allow for the rebuilding of Single Family Homes
on the property. The lots would then be developed to provide the land necessary to build
approximately five (5) single family homes.
We would like you to attend our meeting, scheduled for Thursday, September 16, 2021 at 6:00 p.m. It
will be held in the Commission Chambers located at 1101 E 1 s' Street, Sanford, FL. 32771. Due to the
Covid-19 virus, we are asking all participants to the meeting to please wear a face covering and
observe social distancing while in attendance. If you are unable to attend in person, but have any
questions or comments about the project please email the Program Manager, Quentin Grose, at
with any correspondence.
Please see the enclosed map of the property location.
Sincerely,
Quentin Grose
Program Manager
Attainable Housing
Community Services Department
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Item No. 7
. . . . . . . . . . ....
FLORIDA
CITY COMMISSION MEMORANDUM 22-013
JANUARY 10, 2022 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP —Planning Director
SUBMITTED BY: Norton N. Bonaparte, Jr., lCMA-CM, City Manager
SUBJECT: Rezone 1.3 acres at 3500 Sanford Avenue from MR -3, Multiple Family
Residential to SR -1, Single Family Residential.
THIS IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES DISCLOSURE OF ALL
EX -PARTE COMMUNICATIONS, INVESTIGATIONS, SITE VISITS AND EXPERT OPINIONS
REGARDING THIS MATTER.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
N Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to rezone 1.3 acres at 3500 Sanford Avenue from MR -3, Multiple Family Residential to SR-
I, Single Family Residential to bring the property into compliance with its existing future land use has
been received.
The property owner is Seminole Board of County Commissioners (BCC). The applicant is Quentin
Grose, Attainable Housing Program Manager, Seminole County Community Services.
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 subject property was the location of a former
residential structure. The property is now vacant, as the structure has been demolished.
Based on 2021 tax roll, the subject property had a total assessed value of $9,486.04. The total tax bill for
the subject property in 2021 was $0 as the property is owned by Seminole County.
No additional staffing is anticipated if the rezone is approved.
BACKGROUND:
The 1.3 acre site is located on the southwest comer of Rose Drive and Sanford Avenue, at 3500 Sanford
Avenue. The property consists of five underlying lots, each meeting the SR -1, Single Family Residential
Page I of 5
area and dimensional standards. The property was the site of the former Girls and Boys Town of Central
Florida, but is now owned by Seminole County BCC.
The current Future Land Use is LDR-SF, Low Density Residential, Single Family. As part of an initiative
to provide attainable housing, the applicant has submitted a request to rezone the property from MR -3,
Multiple Family Residential to SR -1, Single Family Residential to bring the property into compliance
with its existing future land use.
The subject property is located within sub -area 7 of the 2015 Seminole County/City of Sanford Joint
Planning Agreement. Per the JPA, this sub -area is to maintain Medium Density Residential uses and
Neighborhood & Commercial/Office frontage on Sanford Avenue two lots deep on a case-by-case basis.
Sub -area 7 prohibits commercial development in Woodmere on the east side of Sanford Avenue. The
proposed land use of the property will be maintaining its existing configuration which would result in
properties compliant with the city's comprehensive plan and the JPA.
The City currently provides water to the property and site was previously on septic; however, after the
rezone the applicant plans to return the property to the existing lots of record, run sewer to provide
service to these lots and to better the infrastructure in the adjoining neighborhood. The applicant proposes
to construct five single family homes as part of the Seminole County's attainable housing program. The
property owner shall be responsible for all impact and connection fees associated with any future
connections or utility services from the City and to extend such utility services to the property to the
extent that such utilities are available.
Below is an excerpt from the City's Comprehensive Plan as it relates to Low Density Residential Land
Use.
Policy FLU 1.2.2: Designate Low Density Residential — Single Family (LDR-SF) Districts. The areas
delineated for LDR-SF development shall include existing stable single family areas, as well
as those areas identified for future low density residential single family development in order to provide
sufficient land area to meet projected single family housing needs. Areas delineated as LDR-SF shall
allow residential development with a maximum density of up to six dwelling units per acre comprised
of single family detached homes on individual lots. Supportive community facilities and accessory land
uses as defined in the LDRs may be located within areas designated LDR-SF.
Development within the LDR-SF designation shall be required to meet the following general criteria
together with the performance criteria established in Policy FLU 1. 1.7 in this Element:
• Compatible with the quality and character of existing low density single family neighborhoods;
• Compatible with existing and anticipated future developments;
• Compatible with natural features of the land and other policies within the Comprehensive Plan
impacting natural resources.
The City will coordinate with the School Board regarding residential development within this district as
required in the Public School Facilities Element to ensure the availability of adequate school facilities.
In addition, this is utilizing an area of the City with a Residential Land Use for the intent of rezoning and
utilizing for needed single family housing stock.
LEGAL REVIEW:
The City Attorney may or may not have reviewed the staff report and the specific analysis provided by
City staff, but has noted the following that should be adhered to in all quasi-judicial decisions: Section
166.033, Florida Statutes, as amended in the recent Legislative Session, in Chapter 2021-224, Laws of
Page 2 of 5
Florida (deriving from Committee Substitute for Committee Substitute for House Bill Number 1059)
provides as follows (please note emphasized text):
"166.033 Development permits and orders.—
(1) Within 30 days after receiving an application for approval of a development permit or development
order, a municipality must review the application for completeness and issue a letter indicating that all
required information is submitted or specifying with particularity any areas that are deficient. If the
application is deficient, the applicant has 30 days to address the deficiencies by submitting the required
additional information. Within 120 days after the municipality has deemed the application complete, or
180 days for applications that require final action through a quasi-judicial hearing or a public hearing,
the municipality must approve, approve with conditions, or deny the application for a development
permit or development order. Both parties may agree to a reasonable request for an extension of time,
particularly in the event of a force majeure or other extraordinary circumstance. An approval, approval
with conditions, or denial of the application for a development permit or development order must include
written findings supporting the municipality's decision. The timeframes contained in this subsection do
not apply in an area of critical state concern, as designated in s. 380.0552 or chapter 28-36, Florida
Administrative Code.
(2)(a) When reviewing an application for a development permit or development order 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.
(b) If a municipality makes a request for additional information and the applicant submits the required
additional information within 30 days after receiving the request, the municipality must review the
application for completeness and issue a letter indicating that all required information has been submitted
or specify with particularity any areas that are deficient within 30 days after receiving the additional
information.
(c) If a municipality makes a second request for additional information and the applicant submits the
required additional information within 30 days after receiving the request, the municipality must review
the application for completeness and issue a letter indicating that all required information has been
submitted or specify with particularity any areas that are deficient within 10 days after receiving the
additional information.
(d) Before a third request for additional information, the applicant must be offered a meeting to attempt
to resolve outstanding issues. If a municipality makes a third request for additional information and the
applicant submits the required additional information within 30 days after receiving the request, the
municipality must deem the application complete within 10 days after receiving the additional
information or proceed to process the application for approval or denial unless the applicant waived the
municipality's limitation in writing as described in paragraph (a).
(e) Except as provided in subsection (5), 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.
(3) When a municipality denies an application for a development permit or development order,
the municipality shall give written notice to the applicant. The notice must include a citation to the
applicable portions of an ordinance, rule, statute, or other lel4al authority for the denial of the
permit or order.
(4) As used in this section, the terms "development permit" and "development order" have the same
meaning as in s. 163.3164, but do not include building permits.
(5) 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 permit or
development order 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.
Page 3 of 5
(6) Issuance of a development permit or development order by a municipality does not 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.
(7) 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 City 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).
(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 permit 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
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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 City 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).
When voting on matters such as whether to recommend approval of an amendment to the City's
Comprehensive Plan or the enactment of, or amendment to, a land development regulation, those matters
are legislative in nature and not quasi-judicial matters.
The City Commission has also expressed its desire for all who vote against the majority decision to
express the rationale for their vote with regard to all matters.
The City attorney has drafted the ordinance for this item.
The City Commission approved the first reading of Ordinance No. 4657 on December 13, 2021.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on December 29, 2021.
RECOMMENDATION:
It is staff's recommendation the City Commission adopt Ordinance No. 4657.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
I move to adopt Ordinance No. 4657."
Attachments: Project Information Sheet
Site Zoning
Site Aerial Map
Affidavit of Ownership
CAPP meeting
Site Survey
Ordinance No. 4657
T:\Development Review\03-Land Development\2021\3500 Sanford Avenue\CC\CC Memo - 3500 Sanford Avenue - Rezone.docx
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