4735 Rezone 0.51 Acres - 506 Wylly AvenueOrdinance No. 2023-4735
An ordinance of the City of Sanford, Florida providing
for the rezoning of a parcel 0.51 acre in size the subject
property being located at 506 Wylly Avenue within the
City Limits (maps relating to the property are attached)
(Tax Parcel Identification Number 06-20-31-503-0700-
0070) from the Seminole County R-1, Single Family,
zoning district/classification to the City RIA, 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, Prolegit LLC and Prolegit Performance LLC are the owners of
certain real property which land totals approximately 0.51 acre in size; and
Whereas, the sole manager of Prolegit LLC is Artem Valitov and the sole
manager of Prolegit Performance LLC is Ivan Usepov all of whom are from Lake Mary;
and
Whereas the applicant/representative of the Property Owners is Thomas
Grimms, AICP, of the firm of Zoning & Planning Services, LLC which is located in Lake
Mary; and
Whereas, the subject property is located at 506 Wylly Avenue and is
assigned Tax Parcel Identification Number 06-20-31-503-0700-0070 by the Property
Appraiser of Seminole County; and
Whereas, the subject property is more specifically described as being located
on north side of Wylly Avenue, between Grandview Avenue on the west and Poinsettia
Avenue on the east; and
Whereas Mr. Grimms applied to rezone the subject property from the
Seminole County R-1, Single Family, zoning district/classification to the City RI -1,
Restricted Industrial, zoning district/classification; and
Whereas, a CAPP (Citizens Awareness and Participation Plan) meeting was
held on March 13, 2023 and the resulting CAPP report has been found to be
satisfactory to the City; and
Whereas, an associated Ordinance is being processed to change the land
use designation assigned to the subject property from the LDR, Low Density
Residential, future land use designation under the Seminole County Comprehensive
Plan to the to the AIC, Airport Industry and Commerce, under the City of Sanford
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 April 6, 2023 to consider the
rezoning of real property from the County R-1, Single Family, zoning
district/classification to the City RI -1, Restricted Industrial, zoning district/classification;
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
2IPa9e
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.
Section 2. Rezoning of Real Property/Implementing Actions.
(a). Upon enactment of this Ordinance the following described property, as
3 1 P a g e
depicted in the map attached to this Ordinance, the said 0.51 -acre parcel, shall be
rezoned from the County R-1, Single Family, zoning district/classification to the City RI -
1, Restricted Industrial, zoning district/classification:
Tax Identification Parcel Number Owners
06-20-31-503-0700-0070 Prolegit LLC and Prolegit
Performance LLC
(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.
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.
41_P a 9 e
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 any
associated amendment to the City's Comprehensive Plan is final.
Passed and adopted this 8th day of May, 2023.
Attest: City Commission of the City of
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legality:'�'.�-:"�_,'.,
William L. Colbert, Esquire
City Attorney
5 1 P a g e
Sanford, Florida /-)
Art
'meq PROJECT INFORMATION - 506 WYLLY AVENUE
REZONE
Requested Action: Rezone of 0.51 acres from R-1, Single Family (Seminole County) to RI -1,
Restricted Industrial (City of Sanford) at project address 506 Wylly Avenue.
Proposed Use: Automotive repair
Project Address: 506 Wylly Avenue
Current Zoning: R-1, Single Family (County)
Proposed Zoning: RI-1,Restricted Industrial (City of Sanford)
Current Land Use: Vacant Residential
Future Land Use: AIC, Airport Industry and Commerce
Tax Parcel Number: 06-20-31-503-0700-0070
Site Area: 0.51 Acres
Property Owners: Prolegit LLC & Prolegit Performance LLC
125 N Lake Street
Lake Mary, FL 32746
Applicant/Agent: Thomas Grimms, AICP
Zoning & Planning Services, LLC
1357 Oak Leaf Circle
Lake Mary, FL 32746
Phone: 407.923.4964
CAPP Meeting: A CAPP meeting was held on March 13, 2023
Commission District: District 1 — Sheena Britton.
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, Low Density Residential (County) (0.51) acres.
Proposed Future Land Use: AIC, Airport Industry and Commerce
Existing Land Use: Vacant Residential
Zoning
LEMON STREET Sanford
GC -2 (General Commercial)
RI -1 (Restricted Industrial)
SR -1 (Single Family Dwelling Residential)
Seminole County
A-1 (Agriculture)
R-1 (Single -Family Dwelling)
C-2 (Retail Commercial)
SITE
LU LU
WYLLY AVENUE — — — — — — — — — — -
Site
506 Wylly Avenue
06-20-31-503-0700-0070
Z19001 a L 1 10 # I
Please use additional shoots as needed. If any additional sheets are attached to this document, please sign here and note below:
1. OW hil
Va4 hereby attest to ownership of the property described below-*
Tax Parcel Number(s). 2%'-1W —31--. �3 — 07-2 00
Address of Property; �o �
for which this
11. Designation of Applicant's Agent (leave blank if not applicable)
_g.t ;? 773
application is submitted to the City of Sanford.
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
complete to the best of my personal knowledge.
Applicant's Agent (Print): rMA i 65-!, ,i ,F M & ARSature.
Sign
Agent Address:
Email: Phone: Fax:
Ill. Notice to Owner
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)
a individual o Corporation o Land Trust n Partnership /imited Liability Company
u Other (describe):
and
1. List all natural rsorxs 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 11mitO liability cp!ngaa, 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 (20/6) 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: -o t e ZZ(f,
6. In the circumstances of a contract for purchase_ list the name and address of each contract purchaser, If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3. 4 and/or 5 above.
Name of Purchaser
Date of Contract
NAME
—A
TITLEIOFRCEfTRUSTEE
OR BE14EFICIARY
ADDRESS %
INTEREST
__1Z
lvc_4\_
F132t
(Use additional sheets for more space.)
7. As to any type of owner referred to above, a change of ownership occurring subsequent to the execution of this document, shall be
disclosed in writing to the City prior to any action being taken by the City as to the matter relative to which this document pertains.
8. 1 affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone, future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
0 ItZ,4,112 02
Date 7//`// Ov6mer, Agent. Applicant Signature
STATE OF FLORIDA)
COUNTY OF SEMINOLE
I HEREBY CERTIFY that on 111 s day, before me, an officer duly authorized to administer oaths and take acknowledgments,
VAn-wicast J'�" who is personally known to me or {,'who produced In �Ja Uc,enSe
personally appeared I
as identification id acknowledged before me that s/he executed th Sworn and subscribed before me, by rs:s eh 4c
by means of {physical presence or [ ) online notarization on the day of Aq rl 1A 0 f'-14 2020, the said person did take an
oath and was first duly sworn by me, on oath, said person, further, deposing and saying that sthe has read the foregoing and that the
statements and allegations contained herein are true and correct,
WITNESS my hand and official seal in the Co d St t I st aforesaid this 9� day of �ahvc' t�
7�� 1
Notary Public; Stife of Florida KAYMVLH GUY
(Affix Notarial 8'9,, Y. "Q 1, 6'u"/ Notary Public
Affiduvil d owns - February 2020 Printed Name: State of Florida
Commilt HH334374
*90EIv.0' Expires 11/21/2G26
MINUTES OF
CITIZENS AWARENESS & PARTICIPATION MEETING
M
Sunday March 12, 2023 Citizen Participation Meeting 2:45 to 4:45p.m.
A PUBLIC MEETING TO DISCUSS A PROPOSED ANNEXATION, COMPREHENSIVE
PLAN AMENDMENT AND REZONING OF THE SUBJECT PROPERTY WILL BE
HELD AT THE SEMINOLE COUNTY LIBRARY — SANFORD BRANCH, LOCATED
AT 150 NORTH PALMETTO AVENUE, SANFORD, FL.
SIZE OF SUBJECT PROPERTY:
1/2 acre (vacant; vegetative cover: grass, several trees)
OWNERS OF THE SUBJECT PROPERTY:
Ivan Usepova and Artem Valitov
PROPOSED USE:
Garage to renovate cars for owners who want their car restored or modified to a mint
condition or collectible version of the car. Attachment of Conceptual Plan is added.
PROPOSED ZONING & FUTURE LAND USE MAP (FLUM) CHANGE:
Change Zoning from R-1 Residential to R -I-1 Restricted Industrial
Change FLUM (Future Land Use Map) through a Comprehensive Plan Amendment from
RLD "Residential Low Density" to I Restricted Industrial.
NOTE: Owners of the garage will show examples of their work.
Meeting Attendance
Consultant / Engineer Attendees:
Thomas L. Brooks, AICP Zoning and Planning Services LLC and Rashid Jamalabad, RJ
Engineering (via cellphone), Thomas J.Grimms, AICP, Zoning and Planning Services LLC.
Owner Attendees:
Ivan Usepova and Artem Valitov Property owners. Anastasia wife of Ivan Usepova was also
in attendance with their child.
Public Attendees: (All 30 property owners notified via I" class mail)
Four owners in Attendance:
H.M Butler and Ruby Martin, 503 Wylly Avenue.
Jesse Lacuna, 2663 Poinsettia Avenue Apt 216 representing himself and his mother.
Karl Godwin, 2685 Sanford Avenue.
All 4 residents were property
owners in the area 500 feet from the subject parcel.
Meeting commenced at 2:45 pm and adjourned at 4:14 pm. Consultants stayed at the library
room until 4;45 in case anyone else came by.
Summary of the meeting.
Meeting Minutes- Residents starting coming to the meeting. When the number of people
started coming in, we started the meeting at 2:45 as residents were anxious to start the
meeting.
H.M. Butler starting off the meeting asking questions about the type of garage this business
was going to be. The owners who were present answered him and had the audience look at
the concept plan for the property. They went over his specific questions about the property.
Ruby Martin was concerned about noise and the hours of operation of the garage. Artem
Valitov answered the garage would operate regular hours from 7 am to 7 pm and may stay
open on occasion to 9 at the latest. They would do their work inside the bays to help
minimize any noise. Harold Godwin wanted to make sure greases and oils were handled
correctly. The owners, Artem Valitov and Ivan Usepova, took the residents outside in the
parking lot and showed examples of their work on cars. Several attendees from the public sat
inside the vehicles and made positive remarks about the modified interior work. The
comments from the local residents were very favorable. H.M. Butler joked "where can I get
one? !" The vehicles shown were luxury vehicles like a Mercedes. Most of the work showed
interior luxury items that were added to the luxury vehicles shown. Mr, Butler was
impressed with the building layout on the Concept Plan aka Preleminary Site Plan". He
thought this would be very doable as far as the City Commission may view it, and even
pledged to show up at the zoning meeting to support the project. Ruby Martin agreed and
thought the renovations were very attractive as well. Jesse Lacuna,
representing his mother, was quite impressive with the vehicle and gave us his home number
in case he had any questions about the project.
The meeting was adjourned after at 4.14 as everyone left except for the owners of the subject
property and the consultants. The owners and the consultants stayed in the meeting room of
the library until 4:45 in case anyone came in. The librarian came in and announced that the
meeting room would be closed at 4:50 pm.
ex'
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SIGN IN SHEET FOR MEETING
ON SUNDAY, MARCH 12, 2023 FROM 2:45 PM TO 4:45 PM
AT SEMINOLE COUNTY LIBRARY — SANFORD BRANCH
Name Address Phone #
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CITY COMMISSION MEMORANDUM 23-089
MAY 8, 2023 AGENDA
To: Planning and Zoning Commission
PREPARED BY: Darren Ebersole - Planner
Eileen Hinson, AICP —
W S _ RM X
Item No. 9 • F3
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City TV afiager
rfi`
SUBJECT: Rezone of 0.51 acres from R-1, Single Farly (Seminole County) to RI -1,
Restricted Industrial (City of Sanfo�d� at project address 506 Wylly
Avenue.
STRATEGIC PRIORITIES: /
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
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.
SYNOPSIS:
A request to rezone 0.51 acres from R-1, Single Family (Seminole County) to RI -1, Restricted
Industrial (City of Sanford) at project address 506 Wylly Avenue has been received.
The properties are owned by Prolegit LLC & Prolegit Performance LLC, whose primary managers
are Artem Valitov and Ivan Usepov. Thomas Grimms AICP, of Zoning & Planning Services, LLC,
has made application for the owner. A CAPP (Citizens Awareness and Participation Plan) meeting
was held on March 13, 2023 and a copy of the report is attached, which has been found to be
satisfactory to the City.
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.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the property is vacant residential lot with an
assessed tax value and total tax bill for 2022 shown below:
Pagel of 5
Property Status
It is the applicant's intent to develop the parcel and establish their automotive restoration and
upholstery business. The proposed development will facilitate new non-residential construction
and additional tax revenue to the City.
No additional staffing is anticipated if the Rezone is approved.
BACKGROUND:
The 0.51 -acre parcel is currently located in unincorporated Seminole County, on the north side of
Wylly Avenue, between Grandview Avenue on the west side and Poinsettia Avenue on the east
side. The subject property is currently zoned R-1, Single Family (Seminole County) with a Future
Land Use of LDR, Low Density Residential (Seminole County).
Currently, the subject property retains its Seminole County Zoning, pending approval of this
rezone to incorporate the property into the City's Zoning Map layer. The applicant has submitted
this application to rezone the subject property from R-1, Single Family (Seminole County) to RI -
1, Restricted Industrial (City of Sanford). The change from residential to industrial is consistent
with the development patterns occurring adjacent to the airport. The properties to the north are
also zoned RI -1. In addition, the applicant has submitted a Future Land Use amendment, to
incorporate the subject property into the City of Sanford's Comprehensive Plan.
It is the applicant's intent to establish a vehicle repair establishment limited to tune ups, electronics,
upholstery, paint, lift kits, wheels/rims and other minor refurbishments. Within the RI -1, zoning
classification vehicle repair may be permitted by Conditional Use only. The applicant has
contracted a civil engineer to prepare a Conditional Use Site Plan which should be heard at the
next available Planning and Zoning Commission.
Upon review of the request, staff has determined that the proposed rezone is compatible with the
surrounding uses and consistent with the goals, objectives and policies of the Comprehensive Plan.
The subject site provides an opportunity light industrial development adjacent to the Orlando
Sanford International Airport. The proposed light industrial development will increase revenue to
the City of Sanford.
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 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.—
Page 2 of 5
(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 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
Page 3 of 5
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 [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).
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. 4735 on April 24, 2023.
The City Clerk published notice of the 2"a Public Hearing in the Sanford Herald on April 30, 2023.
Page 4 of 5
RECOMMENDATION:
On April 6, 2023, the Planning and Zoning Commission recommend the City Commission adopt
an ordinance rezoning 0.51 acres from R-1, Single Family (Seminole County) to RI -1, Restricted
Industrial (City of Sanford) to facilitate the development of the site for automotive repair at project
address 506 Wylly Avenue based on consistency with the goals, objectives and policies of the
City's Comprehensive Plan.
Additional comments or recommendations may be presented by staff at the meeting.
It is staff's recommendation the City Commission adopt Ordinance No. 4735.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4735."
Attachments: Ordinance No. 4735
Project Information Sheet
Zoning Map
Site Aerial Map
Affidavit of Ownership
CAPP Package
Page 5 of 5