4744 Rezone 2.19 Acres - Moore's Station Road - from A-1 to RI-1Ordinance No. 2023-4744
An ordinance of the City of Sanford, Florida providing
for the rezoning of a parcel 2.19 acres in size the subject
property being located at 3885 Moore's Station Road
within the City Limits (maps relating to the property are
attached) (Tax Parcel Identification Number 03-20-31-
5AY-0000-033A0) from the (A-1) (Seminole County) to
Restricted Industrial (RI -1); 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 is the owner of certain real property
which land totals approximately 2.19 acres in size having purchased the property March,
2023; and
Whereas, the subject property is addressed as 3885 Moore's Station Road
and is assigned Tax Parcel Identification Number 03-20-31-5AY-0000-033A0 by the
Property Appraiser of Seminole County; and
Whereas, the subject property is located on the south side of Moore's Station
Road, approximately 1,270 feet west of its intersection with Cameron Avenue; and
Whereas, the Sanford Airport Authority intends to incorporate the property
into the future growth plans of the Sanford -Orlando International Airport; and
Whereas, the Sanford Airport Authority requested that the zoning
district/classification be changed from the (A-1) (Seminole County) to Restricted
Industrial (RI -1); and
Whereas, the provisions of Exhibit "B" of the 2015 City of Sanford/Seminole
County Joint Planning Agreement (JPA), provide that the HIPAP future land use
designation is equivalent to the AIC future land use designation and the subject
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property is located within Sub -Area 4 of the JPA and Exhibit "C" of the JPA contains
provisions which result in the conclusion that the amendment set forth herein is
consistent with the JPA; and
Whereas, an associated Ordinance is being processed to change the future
land use designation assigned to the subject property from the HIPAP, High Intensity
Planned — Airport (Seminole County future land use designation as assigned under the
Seminole County Comprehensive Plan) to the AIC, Airport Industry and Commerce,
future land use designation under 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 July 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
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
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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, the said 2.19 acres parcel, shall be
rezoned from the County R-1, Single Family, zoning district/classification to the City RI -
1, Restricted Industrial, zoning district/classification:
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Tax Identification Parcel Number Owner
03-20-31-5AY-0000-033A0 Sanford Airport Authority
(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.
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;
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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 28th day of August, 2023.
Attest.
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and legal
William L. Colbert, Esquire
City Attorney
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City Commission
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Mayor
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PROJECT INFORMATION -- 3885 MOORE'S STATION ROAD
ORLANDO SANFORD INTERNATIONAL AIRPORT REZONE
Requested Action: Rezone of 2.19 acres, from Agriculture (A-1) to Restricted Industrial (RI -1).
Proposed Use: Airport, Warehouse
Project Address: 3885 Moore's Station Road
Current Zoning: A-1, Agriculture
Proposed Zoning: RI -1, Restricted Industrial
Current Land Use: Mobile/Manufactured Home
Tax Parcel Numbers: 03-20-31-5AY-0000-33A0
Site Area: 2.19 Acres
Property Owners: Sanford Airport Authority
1200 Red Cleveland Boulevard
Sanford, FL 32773
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
Sanford Comprehensive Plan.
Commission District: District 1 — Commissioner 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: HIPAP
Proposed Future Land Use: AIC, Airport Industry and Commerce
Existing Land Use: Mobile/Manufactured Home
Zoning
Sanford
RI -1 (Restricted Industrial)
Seminole County
a A-1 (Agriculture)
M-1 (Industrial)
® PD (Planned Development)
MOORES STATION ROAD - - - - - -
SITE
Site
3885 Moores Station Road
03-20-31-5AY-0000-33A0
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Item No. .8"3
CITY COMMISSION MEMORANDUM 23.152
AUGUST 28, 2023 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�- Pity M ager
SUBJECT: Rezone of 2.19 acres from A d, Agricultu e Seminole County), to RI -1,
Restricted Industrial (City of Sanford) aY3885 Moore's Station Road.
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 2.19 acres from A-1, Agriculture (Seminole County), to RI -1, Restricted
Industrial (City of Sanford) at 3885 Moore's Station Road has been received.
The subject parcels are owned by the City of Sanford/Sanford Airport Authority. The applicant is
the City of Sanford. No Citizens Awareness and Participation Plan (CAPP) is needed due to the
rezone being required by the City of Sanford's Comprehensive Plan.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the property is developed with a single-family
mobile home and has an assessed tax value and total tax bill for 2022 shown below:
Parcel Number
Assessed
Tax Bill (2022)
Property Status
Value 2022
03-20-31-5AY-0000-33A0
$1,289
$289
Mobile/Manufactured Home
Upon annexation, it is the applicant's intent to incorporate the property into the future growth plans
of the Orlando Sanford Intern:.tional Airport. The proposed use will have a minimal impact on
public facilities and services.
BACKGROUND:
In March of 2023, the Sanford Airport Authority purchased the 2.19 acre subject property, located
in unincorporated Seminole County on the south side of Moore's Station Road, approximately
1,270 feet west of its intersection with Cameron Avenue.
Per the City of Sanford's Comprehensive Plan, the AG, Agriculture zoning classification is not
consistent with the other airport properties in the Airport Industry and Commerce Future Land
Use. RI -1, Restricted Industrial zoning is compatible with the Airport Industry and Commerce
Future Land Use. And consistent with the remaining airport properties.
Per the below excerpt from the City of Sanford's Comprehensive Plan Policy FLU 1.9.1.d, the
parcels require rezoning to be compatible with Airport Industry and Commerce:
"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."
Upon review of the request, staff has determined that the proposed rezone is compatible with the
surrounding uses and is consistent with the goals, objectives, and polices of the Comprehensive
Plan. The subject site provides an appropriate commercial activity south of the Orlando Sanford
International Airport, supporting the various residential subdivisions in the vicinity. If approved,
the proposed storage facility will increase revenue for 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.—
(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 fled 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 term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofl 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. 4744 on August 14, 2023.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on August 16,
2023.
RECOMMENDATION:
It is staff's recommendation to adopt Ordinance No. 4744.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4744."
Attachments: Project Information Sheet
Zoning Map
Site Aerial Map
Affidavit of Ownership
Ordinance No. 4744