4708 Update to the Citywide Zoning Map Amendments of 2022Ordinance No. 2022-4708
An ordinance of the City of Sanford, Florida rezoning 30 parcels
totaling 37.03 acres to Single Family Residential - SR -1, SR -1A,
SR-1AA; General Commercial - GC -2; Restricted Industrial - RI -1; and
Agriculture - AG; providing for the rezoning of real property located
within the City limits (table of the subject properties attached);
providing for findings and intent; providing for Amendments to the
Zoning Map; providing for the taking of implementing administrative
actions; providing for the adoption of maps and exhibits by
reference; providing for ratification of prior actions; providing for
severability; providing for conflicts; providing for non -codification
and providing for an effective date.
Whereas, the City of Sanford (the "City") has long been engaged in, and is also
committed to, a comprehensive annexation program which addresses the needs of the
citizens of the City and expands the tax base of the City and provides for an array of other
benefits; and
Whereas, the City is also committed to ensuring that the provisions of the City's
Comprehensive Plan are updated on an ongoing basis as properties are annexed into the
City Limits of the City to include, but not be limited to, the assignment of appropriate land
use designations to properties; and
Whereas, the City is also committed to ensuring that the provisions of the City's
Land Development Regulations are updated on an ongoing basis as properties are
annexed into the City Limits of the City to include, but not be limited to, the assignment of
appropriate zoning districts/classifications to properties; and
Whereas, the City is also committed to ensuring that the provisions of the Joint
Planning Agreement with Seminole County are correctly implemented and adhered to;
and
Whereas, the City's Planning and Zoning Commission recommended approval
of this Ordinance at its meeting on August 4, 2022; and
Whereas, the pertinent goals, objectives and policies of the Comprehensive
Plan support the approval of the amendments set forth in this Ordinance; and
Whereas, the City has complied with all requirements and procedures of
Florida law in processing these amendments to the City of Sanford Zoning District and
Classification Map;
Whereas, Section 171.062, Florida Statutes, relates to the effects of
annexations and provides as follows (note the emphasized text):
(1) An area annexed to a municipality shall be subject to all laws,
ordinances, and regulations in force in that municipality and shall be
entitled to the same privileges and benefits as other parts of that
municipality upon the effective date of the annexation.
(2) If the area annexed was subject to a county land use plan
and county zoning or subdivision regulations, these regulations
remain in full force and effect until the municipality adopts a
comprehensive plan amendment that includes the annexed area.
(3) An area excluded from a municipality shall no longer be subject
to any laws, ordinances, or regulations in force in the municipality from
which it was excluded and shall no longer be entitled to the privileges
and benefits accruing to the area within the municipal boundaries
upon the effective date of the exclusion. It shall be subject to all laws,
ordinances, and regulations in force in that county.
(4)(a) A party that has an exclusive franchise which was in effect for
at least 6 months prior to the initiation of an annexation to provide
solid waste collection services in an unincorporated area may
continue to provide such services to an annexed area for 5 years or
the remainder of the franchise term, whichever is shorter, if:
1. The franchisee provides, if the annexing municipality requires, a
level of quality and frequency of service which is equivalent to that
required by the municipality in other areas of the municipality not
served by the franchisee, and
2. The franchisee provides such service to the annexed area at a
reasonable cost. The cost must include the following as related to
; and
providing services to the annexed area:
a. Capital costs for land, structures, vehicles, equipment, and other
items used for solid waste management;
b. Operating and maintenance costs for solid waste management;
c. Costs to comply with applicable statutes, rules, permit conditions,
and insurance requirements;
d. Disposal costs; and
e. A reasonable profit.
If the municipality and the franchisee cannot enter into an agreement
as to such cost, they shall submit the matter of cost to arbitration.
(b) A municipality, at its option, may allow the franchisee to continue
providing services pursuant to the existing franchise agreement.
(c) A municipality may terminate any franchise if the franchisee does
not agree to comply with the requirements of paragraph (a) within 90
days after the effective date of the proposed annexation.
(5) A party that has a contract that was in effect for at least 6 months
prior to the initiation of an annexation to provide solid waste collection
services in an unincorporated area may continue to provide such
services to an annexed area for 5 years or the remainder of the
contract term, whichever is shorter. Within a reasonable time following
a written request to do so, the party shall provide the annexing
municipality with a copy of the pertinent portion of the contract or other
written evidence showing the duration of the contract, excluding any
automatic renewals or so-called "evergreen" provisions. This
subsection does not apply to contracts to provide solid waste
collection services t to single-family residential properties in those
enclaves described in s. 171.046.
Whereas, Section 166.031, Florida Statutes, relating to city charter
amendments, which provides in Subsection (3) that (note the emphasized text):
A municipality may amend its charter pursuant to this section
notwithstanding any charter provisions to the contrary. This section
shall be supplemental to the provisions of all other laws relating to the
amendment of municipal charters and is not intended to diminish any
substantive or procedural power vested in any municipality by present
law. A municipality may, by ordinance and without referendum,
redefine its boundaries to include only those lands previously
annexed and shall file said redefinition with the Department of State
pursuant to the provisions of subsection (2).
31Pa e
; and
Whereas, additionally, this Ordinance is enacted generally pursuant to the
home rule powers of the City of Sanford as set forth at Article Vill, Section 2, of the
Constitution of the State of Florida; Chapter 163, Florida Statutes; Chapter 166, Florida
Statutes, and other applicable controlling 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 recitals (whereas clauses) to this Ordinance as well
as the City staff report and City Commission agenda memorandum relating to this
Ordinance as the legislative findings of the City Commission.
(b). This Ordinance is internally consistent with the goals, objectives and
policies of the Comprehensive Plan of the City of Sanford.
(c). The Exhibits to this Ordinance is incorporated herein as if fully set forth
herein verbatim.
(d). City staff has concluded that the analyses relating to the amendments to
the Zoning Map as set forth in this Ordinance are well founded and consistent with sound
and generally accepted practices and principles.
Section 2. Amendments To Zoning Map.
The Zoning Map of the City of Sanford is amended as set forth in the Exhibits to
this Ordinance.
Section 3. Implementing Administrative Actions.
The City Manager, or designee, is hereby authorized to implement the provisions
of this Ordinance as deemed appropriate and warranted in conjunction with legal review
by the City Attorney.
Section 4. Incorporation Of Exhibits/Maps.
The Exhibits attached to this Ordinance are hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance indicating the
amendments to the City's Zoning Map as set forth therein.
Section 5. Ratification Of Prior Actions.
The prior actions of the City Commission and its agencies in enacting and causing
amendments to the Zoning Map of the City of Sanford, as well as the implementation
thereof, are hereby ratified and affirmed.
Section 6. 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 7. Conflicts.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 8. Non -codification; Implementation.
This Ordinance shall not be codified in the City Code of the City of Sanford or the
Section 9. Scrivener's Errors. Typographical errors and other matters of a
similar nature that do not affect the intent of this Ordinance, as determined by the City
Clerk and City Attorney, may be corrected with the endorsement of the City Manager,
or designee, without the need for a public hearing.
Section 10. Effective Date.
This Ordinance shall take effect immediately upon enactment, but not until the
effective date of any associated annexation ordinance and ordinance providing for an
amendment to the City's Comprehensive Plan.
Passed and adopted this 12th day of September, 2022.
i
Attest:
Traci Houchin, MMC, FCR
City Clerk
<;ty, Commission
n
'rd, Florida /
00 `'r yL ✓
1 c`� -!� i :� ire' :a•- /
v "- -4*rt VVOo druff
i,, -Mayor
Approved as to form and leg -sufficiency.
Az��2--
William L. Colbert, City Attorney
the City of
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MR -3
PRO
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SR -1
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Site
1024 Sarita Street
Parcel No: 01-20-30-504-0000-0130
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Legend
Zoning
RMOI
MR -2
MR -3
PRO
PD
RC -1
SR -1
SR -1A
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Site
711 BriarcliffE
Parcel No: 0'
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Zoning
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Parcel No: 01-20-30-504-1100-11A0
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Zoning
GC -2
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W. 27TH
Site
2607 Hiawatha Avenue
Parcel No: 01-20-30-504-1500-12A0
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Legend
Zoning
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MR -2
PRO
RC -1 ] Cf
RI -1
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Site
301 W. 26th Street
Parcel No: 01-20-30-506-0000-065A
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2600 Sanford Avenue
Parcel No: 01-20-30-506-0000-0660
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Legend
Zoning
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MR -2
PRO '
RC -1
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Site
2600 Sanford Avenue
Parcel No: 01-20-30-506-0000-0660
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Legend
Zoning
GC -2
M R-2 Cf�=
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Site
Vacant Palmetto Avenue
Parcel No: 01-20-30-506-0000-0750
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Legend
Zoning
GC -2
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PRO
RC -1
RI -1
SR -1
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Site
2610 Sanford Avenue
Parcel No: 01-20-30-506-0000-0760
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Legend E 28"FH
Zoning
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2905 Magnolia Avenue
Parcel No: 01-20-30-519-0000-0090
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Legend
9
Zoning
AG
COUNTRY CLUB
RD
GC -2
MI -2
MR -3
PRO
PD
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SR -1
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Site
2526 Old Lake Mary Road
Parcel No: 02-20-30-300-0300-0000
Legend
G ISAssets. DBO. Lakes
Zoning
AG
RI -1
SR -1 AA
SR -1A
Lake
Onoro
E
SITE
Silver Lake
Site
3250 Ohio Avenue
Parcel No: 07-20-31-5QK-0000-0010
0
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Legend
= GISAssets.DBO.Lakes
Zoning
AG
RI -1
SR -1 AA
SR -1A
Lake
Onoro
SITE
Silver Lake
Site
1980 Recreation Point
Parcel No: 07-20-31-5QK-0000-0030
0
14
Legend
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= GISAssets.DBO.Lakes
L L 2
Zoning
O
J
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AG
GC -2
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HI S
MR -2
PIN
MR -3
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SR -1 AA
SR -1
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SR -1A
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SITE
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300 Art Lane, Vacant Art Lane
Parcel No: 10-20-30-300-0176-0000
KE
W AV
10-20-30-300-019K-0000
Legend ;K "
Zoning
GC -2
MR -2
_J MR -3 i ST
PRO
RC -1
SR-1AA /
SR -1
SR -1A
L
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SITE'
BLVD E
Site
323 Hibiscus Drive
Parcel No: 12-20-30-503-0100-011A
ST
BEL FIORE
CV
AUGUSTUS
PT
20
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Q
0
0
z<
Cf.J
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Site
323 Hibiscus Drive
Parcel No: 12-20-30-503-0100-011A
ST
BEL FIORE
CV
AUGUSTUS
PT
20
Legend
Zoning
AG
GC -2
MI -2
RMOI
PD
RI -1
SR -1
SR -1A
FR
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LL
Z
Q
//zz/ I][
Site
3954 S. Sanford Avenue
Parcel No: 13-20-30-300-001 B-0000
i
CELE AV
Legend
Ico
,Q U
Zoning
J
MR -2
2
O
PROQ
2
G
PD
O
m
7
Q
RC-1>LIBERIA
CT
SR -1
CIO
SR -1A
S\O
MEXICO CT
M
U
PANAMA PL
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PARAG Y
SENATIQN
CT
N
JLPH 61
SITE
161 DR
z
J
W
75
2i
U
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P�l
Site
1111, 1113 1 st Drive
Parcel No: 31-19-31-502-0000-0200
31-19-31-502-0000-0190
Legend
Zoning
AG
PD
9-111111111 SR -1 LLI
1 1
m
CELERY AV
SITE
CELERY
KEY
DR
R
Fr
IT-
Q
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Site U)
2201 Celery Avenue
Parcel No: 32-19-31-300-0200-0000 m
M S
Legend
~ Zoning
U
J PRO
J PD
S E `�' SR-1
SR-1A
1 ST DR
L[
LL
ID nR
'RD DR SITE
H AV
ry
m
c
Site
1974, 1986 3rd Drive
Parcel No: 32-19-31-502-0000-0440
32-19-31-504-0000-0430
Legend
Zoning
AG
GC -2
MI -2
PD
RI -1
SR -1 Ij
SITE
2
}
2
W
Y
Q
J
J
0
Site I
2226 Southwest Road
Parcel No: 34-19-30-511-OA00-0050
ry
Legend
Zoning
AG
- -- GC-2
MI-2
MR-3
PRO
PD
RC-1
COUNTRY CLUB RD RI-1
SR-1
SITE
W. 25TH ST
Y
D
J
O
73IR
2
;GIR
441
Site
2400 W. 25th Street r
Parcel No: 35-19-30-300-025A-0000 z,
�"-QLLII
Legend
Zoning
i MI -2
MR -2
PRO
PD
RC -1
RI -1
SR -1
SR -1A
Site
1803 Tangerine Avenue
Parcel No: 35-19-30-513-1200-0010
I"MLLH
'j)
SITEHp
_a
Site
1721 Tangerine Avenue
Parcel No: 35-19-30-513-1700-0060
Legend
Zoning
MI -2
MR -2
PRO
PD
RC -1
RI -1
SR -1
SR -1 A
WT
�,rQLLII
Site
1727 Tangerine Avenue
Parcel No: 35-19-30-513-1700-0070
Legend
Zoning
GC -2
- MI -2
MR -2
- PRO
PD
RC -1
RI -1
SR -1
SR -IA
H
Legend
Zoning
MI -2
L- -� PRO
RI -1
SR -1
D
J
m
UMAN BLVD SITE
�n_m m
[—site
1701 Hawkins Avenue
Parcel No: 35-19-30-516-0000-0010
I
CITY OF
-
&kNFORD WS_ RM x
FLORIDA Item No. r
CITY COMMISSION MEMORANDUM 22-215
SEPTEMBER 12, 2022 AGENDA
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 Jannexion.rvz
SUBJECT: Hold a Public Hearing to consider a rezonees totaling 37.03
acres in order to assign a City zoning classilent to those in
unincorporated Seminole County at time of
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Adoption of Ordinance No. 4708, to update the Citywide Zoning Map Amendments of 2022, is
requested.
FISCAL/STAFFING STATEMENT:
There are no fiscal or staffing issues impacted by the approval of the proposed Ordinance.
BACKGROUND:
In conjunction with the Citywide Future Land Use update, this request is intended to assign the
City of Sanford zoning classifications to 30 individual parcels totaling 37.03 acres. This rezone
action brings the properties in compliance with the 2015 City of Sanford/Seminole County Joint
Planning Agreement (JPA), and state statutes. The list of properties identified were annexed
between September of 2020 and May of 2022 and will have the equivalent zoning designations in
the City as in the County with the exception of 2526 Old Lake Mary Road, which is being amended
to align with the use on the property. The impacts of development on public facilities and service
have already been accounted for in the County for all amendments due to annexations.
The property located at 2526 Old Lake Mary Road contains a 610 -square -foot former single-family
residence which is being utilized as an office to run commercial business. Further, the property is
adjacent to GC, General Commercial to the east and west. The requested GC land use is more
consistent with the current use of the property and the surrounding land uses.
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 166.03 3, 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 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 reviewinIZ 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 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 issuinIz 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 term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofJ 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).
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 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.
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 the first reading of Ordinance No. 4708 on August 22, 2022.
The City Clerk published notice of the 2"1 Public Hearing in the Sanford Herald on August 28,
2022.
RECOMMENDATION:
City staff recommends the City Commission adopt Ordinance No. 4708.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4708."
Attachments: Citywide Rezone Table
Citywide Rezone Maps
Ordinance No. 4708