4677 Rezone 3.17 acres at the OSIAOrdinance No. 2022-4677
An ordinance of the City of Sanford, Florida providing
for the rezoning 11 parcels totaling 3.17 acres in size
being said property being generally located north of
Wylly Avenue and east of Grandview Avenue within the
City Limits (maps relating to the property are attached)
(Tax Parcel Identification Numbers 06-20-31-503-0700-
0010, 06-20-31-603-0700-0020, 06-20-31-503-0700-0030,
06-20-31-503-0700-0060, 06-20-31-503-0400-0010, 06-20-
31-503-0400-0020, 06-20-31-503-0400-0030, 06-20-31-
503-0400-0040, 06-20-31-603-0400-0060, 06-20-31-503-
0400-0070 and 06-20-31-503-0300-0010) from the SR-1
and SR1-A (Single Family Residential) zoning
districts/classifications to the RI-1 (Restricted Industrial)
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, the Sanford Airport Authority (SAA) is the owner of the property
which is the subject of this Ordinance (Tax Parcel Identification Numbers 06-20-31-503-
0700-0010, 06-20-31-503-0700-0020, 06-20-31-503-0700-0030, 06-20-31-503-0700-
0060, 06-20-31-503-0400-0010, 06-20-31-503-0400-0020, 06-20-31-503-0400-0030,
06-20-31-503-0400-0040, 06-20-31-503-0400-0060, 06-20-31-503-0400-0070 and 06-
20-31-503-0300-0010 as assigned by the Seminole County Property Appraiser); and
Whereas, the subject real property totals 3.17 acres in size and is generally
located north of Wylly Avenue and east of Grandview Avenue; and
Whereas, the City is the applicant on behalf of the SAA and no Citizens
Awareness and Participation Plan (CAPP) is needed as a result of the rezoning actions
taken in this Ordinance being required by the text of the City's Comprehensive Plan;
and
Whereas, the subject property is located in the Airport Layout Plan (ALP)
relating to the Orlando Sanford International Airport (OSIA); and
Whereas, the City Commission has worked collaboratively with the SAA
including, but not limited to, actions taken relating to the (ALP) pertaining to the OSIA;
M,
Whereas, the City of Sanford's Planning and Zoning Commission, as the
City's local planning agency, held a public hearing on March 3, 2022 to consider the
rezoning of real property from the SR-1 and SR1-A (Single Family Residential) zoning
districts/classifications to the RI-1 (Restricted Industrial) zoning district/classification;
MM
Whereas, the actions taken relative to the rezoning of the 11 parcels, as set
forth in this Ordinance, is occurring pursuant to the City's Comprehensive Plan which
requires the City to assign the Airport Industry and Commerce (AIC) future land use
designation to the property as stated in Policy FLU 1.9.1.d which reads as follows:
; and
Upon annexation of lands that are currently within the jurisdiction of
Seminole County and are included in the ALP, the lands will be
automatically given the land use designation of Airport Industry
Commerce and a zoning designation consistent with the existing zoning of
the Airport.
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
2 1 P a g e
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
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.
31Page
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, the 11 parcels referenced herein and
totaling 3.17 acres in size, shall be rezoned from the SR-1 and SR1-A (Single Family
Residential) zoning districts/classifications to the RI-1 (Restricted Industrial) zoning
d istrict/classification:
Tax Identification Parcel Numbers Owner
06-20-31-503-0700-0010, 06-20-31-503-0700-0020, Sanford Airport Authority
06-20-31-503-0700-0030, 06-20-31-503-0700-0060,
06-20-31-503-0400-0010, 06-20-31-503-0400-0020,
06-20-31-503-0400-0030, 06-20-31-503-0400-0040,
06-20-31-503-0400-0060, 06-20-31-503-0400-0070
and 06-20-31-503-0300-0010
(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
Section 4. Conflicts. All ordinances or part of ordinances in conflict with this
4 1 P a g e
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. 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
(a). This Ordinance shall take effect immediately upon enactment subject to
the provisions of Subsection (b).
(b). This Ordinance shall not take effect until any ordinance relating to the
associated amendment to the City's Comprehensive Plan is final.
Passed and adopted this 28th day of March, 2022.
Attest:
Traci HkGFin, MMC, FCOM
CI
rk_
"0 Apaed as to form and legaliv
William L. Colbert, Esquire
City Attorney
City Commission of the City of
Sanford, 7 rd, Flo id
oodrufV—
Mayor
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51
CITY OF
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CITY COMMISSION MEMORANDUM 22-090
MARCH 28,2022 AGENDA
WS— RM X
Item No.
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Director of Planning
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City ManaVr
SUBJECT: Rezone 11 Parcels (3.17 Acres) From SR-1 dnd SRI (Single Family
Residential) to RI-1 (Restricted Industrial); Airport ayout Plan; Orlando
Sanford International Airport,
THIS IS A QUASI-JUDICIAL MATTER AND, AS SUCH, REQUIRES
DISCLOSURE OF ALL EX -PARTS COMMUNICATIONS, INVESTIGATIONS,
SITE VISITS AND EXPERT OPINIONS REGARDING THIS MATTER.
STRATEGIC PRIORITIES:
F-1 Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
Update Regulatory Framework
Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to rezone eleven parcels totaling 3.17 acres from SR-1 And SRI-A (Single Family
Residential) To RI-1 (Restricted Industrial) which property in the Airport Layout Plan (ALP)
pertaining to the Orlando Sanford International Airport (OSIA) has been initiated.
C,
The subject parcels are owned by the Sanford Airport Authority (SAA). The City is the applicant
on behalf of the SAA. No Citizens Awareness and Participation Plan (CAPP) is needed due to this
action being required by the text of the City's Con7prehenshle Plan.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the I I parcels are designated as "Vacant Airport",
with the assessed tax values and total tax bills for 2021 shown below (the property is government
owned and, thus, tax exempt with this action resulting in no additional tax revenues):
Parcel Number
Assessed Value (2021)
Tax Bill (2021)
Property Status
06-20-31-503-0700-0010
$20,456
$0.00
Vacant Airport
06-20-31-503-0700-0020
$20,456
$0.00
Vacant Airport
06-20-31-503-0700-0030
$21,672
$0.00
Vacant Airport
06-20-' ) 1-503-0700-0060
$20,456
$0.00
Vacant Airport
06-20-31-503-0400-0010
$24,352
$0.00
Vacant Airport
06-20-31-503-0400-0020
$24,352
$0.00
Vacant Airport
06-20-31-503-0400-0030
$20,456
$0.00
Vacant Airport
06-20-31-503-0400-0040
$20,456
$0.00
Vacant Airport
06-20-31-503-0400-0060
$27,662
$0.00
Vacant Airport
06-20-31-503-0400-0070
$20,456
$0.00
Vacant Airport
06-20-31-503-0300-0010
$31,287
$0.00
Vacant Airport
BACKGROUND:
The 3.17 acres are generally located north of Wylly Avenue and east of Grandview Avenue. The
request to change the future land use designation of the 11 parcels is occurring pursuant to the
City's Comprehensive Plan which requires the City to take the action proposed in Ordinance No.
4677 as stated in Policy FLU 1.9. Ld which reads as follows:
"Upon annexation of lands that are currently within the jurisdiction of Seminole County
and are included in the ALP, the lands will be automatically given the land use designation
of Airport Industry Commerce and a zoning designation consistent with the existing zoning
of the Airport."
The City's Comprehensive Plan provides that single family zoning districts/classifications are not
compatible with the Airport Industry and Commerce (AIC) future land use designation. The Rl- I
(Restricted Industrial) zoning district/classification is compatible with the Airport Industry and
Commerce (AIC) future land use designation. Thus, the Comprehensive Plan Policy FLU 1.9. Ld
requires that the parcels be rezoned to RI -I (Restricted Industrial) which is a zoning
district/classification which is compatible with the Airport Industry and Commerce (AIC) future
land use designation.
A concurrent application to change the future land use designation of the subject parcels to Airport
Industry and Commerce as required by the Comprehensive Plan.
City staff finds that the proposed rezoning actions are appropriate and suitable for the subject site
and are compatible with the surrounding land uses and are consistent with the goals, policies and
objectives of the City's Comprehensive Plan.
In accordance with the recommendation of staff, on March 3, 2022. the Planning and Zoning
Commission recommended that City Commission approve the request to rezone I I parcels totaling
3.17 acres from SR-1 and SRI-A (Single
gle Family Residential) to RI-1 (Restricted Industrial) in the
ALP pertaining to the OSIA based on consistency with the City's Comprehensive Plan.
LEGAL RFrviFw:
The City Attorney has reviewed the staff report and the specific analysis provided by City staff and
has noted the following that, in addition to the rules relating to ex parte communications, the following
should be adhered to in all quasi-judicial decisions.
Section 166.0333, Florida Statutes, as amended in the 2022 Legislative Session, in Chapter 2021-224,
Laws of Florida (deriving from Committee Substitute for Committee Substitute for House Bill Number
1059) provides as follows (please note emphasize 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 dewy 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 o
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 legal 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.
(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).
The teen "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofl an application":
0
"(15) 'Development order' means any order granting, denying, or granting
with
conditions an application for a development permit." (Section 16' )._3 ) 164(15), 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.
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 approved Ordinance No. 4677 on the first reading on March 14, 2022.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on March, 16, 2022.
RECOMMENDATION:
City staff recommends that the City Commission adopt Ordinance No. 4677.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4677."
Attachments: (1). Project Information Sheet.
(2). Site Aerial Map.
(3). Site Zoning Map.
(4). Ordinance No. 4677
PROJECT INFORMATION — REZONE
D CLEVELAND BOULEVARD)
ORLANDO SANFORD AIRPORT ME
Requested Action: Rezone 11 parcels, totaling 3.17 acres, from Single Family Residential (SR- I and
SR -IA) to Restricted Industrial (RI-1)
Proposed Use: Self -Storage Facility
Project Address: Red Cleveland Boulevard
Current Zoning: SR-1 & SRI-A
Proposed Zoning: Rl- I
Current Land Use: Transportation
Tax Parcel Numbers: 06-20-31-503-0700-0010, 06-20-31-503-0700-0020, 06-20-31-503-0700-0030,
06-20331-503-0700-0060, 06-20-31-503-0400-0010, 06-20-31-503-0400-0020,
06-20-31-503-0400-0030, 06-20-31-503-0400-0040, 06-20-31-503-0400-0060,
06-20-3 ) 1-50' )-0400-0070, 06-20-31-503-0300-0010
Site Area: 3.17 Acres
Property Owners: City ol.'Sanford/Orlando Sanford Airport Authority
Applicant/Agent: City of Sanford
300 North Park Avenue
Sanford, FL32771
Phone: 407.688.5147
CAPP Meeting: A CAPP meeting is not required as this amendment is mandated by the City of
zn�
Sanford Comprehensive Plan.
Commission District: District I — Sheena Britton
COMPREHENSIVE PLAN COMPLIANCE REVIEW
W
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:
Proposed Future Land Use:
Low Density Residential — Single Family
Airport Industry and Commerce
Surrounding Uses and Zoning:
Zonina use
North SR-1, Single Family Residential Single Family Residential
South SR-1, Single Family Residential (City of Sanford) Single Family Residences
East A-] (Seminole County) Mining/Gas/Petroleum Lands
West GC-2, General Commercial (City of Sanford) Ted's Paint & General Auto Repair
anford Zoning ou
V SR -IA
pe Seminole County Zon|
K��lnm e1
Site-BeforeRezoning
Mando Sanford International Airport
06-20-31-0700-0010,06-20-31-503-0700-0020,06-20-31-503-0700'0030,06-20-31-503-0700-0060,
)6-20-31-503-0400'0010, 06-20-31'503-0400-0020, 06'20-31-503-0400'0030, 86-20-31-503-0400-0040, 19 ]~�
)6-20-31-503-0400'0068/06-20-31-503-0400-0070,06-20-31-503'0300'0010 | u �
.
site
Orlando OdendoSanford International Airport
06-20-31'503-0700'0010,06'20-31-503-0700-0020,06-20-31-503-0700-0030,06-20-3I-503-0700-0060,
)6'20'31`503-0400-0010,06'20'31-503'0400-0020,06-20-31-503-0400'0030,06-20-31-503-0400-0040,
)6-20-31'503-0400-0060,06'20-31-583-0400'0070,06-20-31'503-0300-0010