4746 Rezone 3.72 Acres - 3585 Marquette Avenue - from A-1 to RI-1Ordinance No. 2023-4746
An ordinance of the City of Sanford, Florida providing
for the rezoning of a parcel 3.72 acres in size the subject
property being located at 3585 Marquette Avenue within
the City Limits (maps relating to the property are
attached) (Tax Parcel Identification Number 03-20-31-
5AY-0000-0330) 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, Csaba Oszlanczi the owner of certain real property which land
totals approximately 3.72 acres in size; and
Whereas, a CAPP (Citizens Awareness and Participation Plan) meeting was
held on April 5, 2023, and the resulting CAPP report has been found to be satisfactory
to the City; and
Whereas, Mr. Oszlanczi requested that the zoning district/classification be
changed from the (A-1) (Seminole County) to Restricted Industrial (RI -1); and
Whereas, the subject property is located at 3585 Marquette Avenue and is
assigned Tax Parcel Identification Number 03-20-31-5AY-0000-0330 by the Property
Appraiser of Seminole County; and
Whereas, the subject property is more specifically described as being located
west of Skyway Drive and south of Marquette Avenue; 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
property is located within Sub -Area 4 of the JPA and Exhibit "C" of the JPA contains
I I P a g e
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
Comprehensive Plan of the City of Sanford, the land development regulations of the
2 1 P a g e
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 3.72 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:
31 Page
Tax Identification Parcel Number Owners
03-20-31-5AY-0000-0330
Csaba Oszlanczi
(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;
4 1 P a g e
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.
Attest:
Passed and adopted this 28th day of August, 2023.
City Commi sion o the City of
Sanford,,Rori a I /
y
Aa"W&Mgoo � '1q
Traci Houchin, MMC, FCRMkt _.`' A oo ruff
City Clerk Mayor
Approved as to form and legAl't
William L. Colbert, Esquire
City Attorney
5 1 P a g e
' PROJECT INFORMATION - 3585 MARQuETTE AvENUE
/ REZONE
Requested Action: Rezone from Agriculture (AG), to Restricted Industrial (RI -1) at project address
3585 Marquette Avenue.
Proposed Use: OfficeAVarehouse, Boat/RV/Vehicle Storage & Parking
Project Address: 3585 Marquette Avenue
Current Zoning: Agriculture (AG)
Proposed Zoning: Restricted Industrial (RI -1)
Current Land Use: Vacant Residential
Tax Parcel Number: 03-20-31-5AY-0000-0330
Site Area: 3.72 Acres
Property Owner: Csaba Oszlanczi
3844 Corona Court
Sanford, FL 32773
Applicant/Agent: Csaba Oszlanczi
3844 Corona Court
Sanford, FL 32773
Email: huntechac@yahoo.com
CAPP Meeting: A CAPP meeting was held on April 5th, 2023
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
Existing Land Use: Vacant Residential
Zoning CBtTSZ[.ME LANE
Sanford
WAY
AG (Agriculture)
L PRO (Parks, Recreation, and Open Space)
PD (Planned Development)
RI -1 (Restricted Industrial)
Seminole County
A-1 (Agriculture)
PD (Planned Development)
SITE
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CITY OF
l � NFORD
PLANKING & DEVELOPMENT
SERVICES DEPARTMENT
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
I. Ownership
I, C 5s3hereby attest to ownership of the property described below:
Tax Parcel Number(s):50 �1 rJ 2I -SA -o op — b jto
Address of Property: 3S3
`'771�
for which this t`E 2U N 1 V& application is submitted to the City of Sanford.
11. Designation of Applicant's Agent (leave blank if not applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company, I attest that the application is made in good faith and that all information contained in the application is accurate and
complete to the best of my personal knowledge. 11 nn
Applicant's Agent (Print): L L S1 QUAAUtrt.{ Signature:
Agent Address: 3�� 1 CGk",J ✓� Ci p T71_� ,'t'►i 3773
Email: i"(u u j FCNIt i, l Y#4 AA Phone:�2! -239' �12y� Fax:
III. Notice to Owner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new 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)
Individual o Corporation c Land Trust c Partnership c Limited Liability Company
:i Other (describe) -
1 .
describe)
1. List all natural persons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list the name, address, and title of each officer; the name and address of each director of the corporation;
and the name and address of each shareholder who owns two percent (2%) or more of the stock of the corporation. Shareholders
need not be disclosed if a corporation's stock are traded publicly on any national stock exchange.
3. In the case of a trust, list the name and address of each trustee and the name and address of the beneficiaries of the trust and the
percentage of interest of each beneficiary. If any trustee or beneficiary of a trust is a corporation, please provide the information
required in paragraph 2 above.
Name of Trust:
ei�
CITY OF
SANFORD
PLANNING & DEVELOPMENT
SERVICES DEPARTMENT
4. For partnerships, including limited partnerships, list the name and address of each principal in the partnership, including general
or limited partners. If any partner is a corporation, please provide the information required in paragraph 2 above.
5. For each limited liability company, list the name, address, and title of each manager or managing member; and the name and
address of each additional member with two percent (2%) or more membership interest. If any member with two percent (2%) or
more membership interest, manager, or managing member is a corporation, trust or partnership, please provide the information
required in paragraphs 2, 3 and/or 4 above.
Name of LLC:
6. In the circumstances of a contract for purchase, list the name and address of each contract purchaser. If the purchaser is a
corporation, trust, partnership, or LLC, provide the information required for those entities in paragraphs 2, 3, 4 and/or 5 above.
Name of Purchaser:
Date of Contract:
NAME
TITLE/OFFICE/TRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
I
(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. '1
Date caner, Agent, Applicant Signature
STATE OF FLORIDA)
COUNTY OF SEMINOLE
1 HEREBY CRCRTIFY that on this day, before me, an officer duly authorized to dminister oaths and take ack owledgments,
personally appeared 1."Y LC%` J CUrI ZI { ) who is personally known to me or { who produced •1YF.>f"
as identificatiod acknowledged before me that s/he executed the same. Sw and subscribed before me, by
by means of V physical presence or { ) online notarization on the { -"day of e (1A 2023, the said person did take an
oath and was first duly sworn by me, on oath, said person, further, deposing and saying that s he has read the foregoing and that the
statements and allegations contained herein are true and correct.
WITNESS my hand and official seal in the
�.�---
,��;;td�e�,, CATHY LOTEMPIO Notary
+P ;Notary Public State of Florida (Affix N
?• Commission p GG 924561 Printed
Affiaavit0f owne 1,i �3ogoMy Commission Expires
November 02, 2023
State last fivresaid this 110 day of e !{ 2023.
'u Itge of Florida
al
Name._C.l..F, f 10M
CAPP Meeting Report for
3585 Marquette Ave, Sanford, FL 32773
Rezoning Request
On April 5t', 2023, a CAPP meeting was held from 9 a.m.-10 a.m. at McDonald's located at 3785
S. Orlando Dr., Sanford. The notices about the meeting were sent out to the 13 people identified
by the Rezoning Department at the City Hall of Sanford. Two people attended the meeting
(Mendoza, Luis and Lorena from 3460 Skyway Dr., Sanford, FL).
I discussed my plans for the property and they had no objections.
If you need any further information, please let me know.
Csaba Oszlanczi Date
3844 Corona Ct.
Sanford, FL 32773
321-239-9276
Rezoning Meeting Regarding 3585 Marquett Ave, Sanford, FL 32773
Dear Current Property Owner:
We invite you to a neighborhood meeting to review and discuss the proposed rezoning plan and use of
3585 Marquette Ave, Sanford, FL 32773. The proposed plan is to change the current agricultural zone to
industrial zoning to allow our future plan of possibly creating an RV and Boat storage facility.
The neighborhood meeting will provide the local community with a venue to discuss the proposed
zoning and use of the property, to provide support for the proposal, or voice any concerns there may be
with the plan. All are welcome. A full-sized copy of the site submitted to the city will be available to
review at the neighborhood meeting. If you are unavailable to attend but have questions to ask or
comments to provide, please email those questions or comments to Csaba Oszlanczi at
huntechac@vahoo.com.
The meeting will be held at the following location and time:
LOCATION:
McDonald's
3785 S Orlando Dr,
Sanford, FL 32773
DATE:
Wednesday, April 5, 2023
TIME:
9 AM
Sincerely,
Csaba Oszlanczi, Property Owner
3585 Marquette Ave,
Sanford, FL 32773
321-239-9276
Email: huntechac@yahoo.com
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03-20-31-5AY-0000-0340
SANFORD AIRPORT AUTH'CITY OF SANFORD
1 RED CLEVELAND BLVD#1200
SANFORD, FL 32773
03-20-31-5AY-0000-0330
OSZLANCZI, CSABA
3844 CORONA CT
SANFORD, FL 32773
03-20-31-5AY-0000-034A
BURFIELD, ROY D & VASANA W
3571 MARQUETTE AVE
SANFORD, FL 32773
03-20-31-5AY-0000-033D
MENDOZA, LUIS & LORENA
3460 SKYWAY DR
SANFORD, FL 32773
03-20-31 -SAY-0000-034B
PERSAUD FAMILY REVOCABLE TRUST
447 BELHAVEN FALLS DR
OCOEE, FL 34761
03-20-31-5AY-0000-033E
POIRIER, RENE L
2758 LAKE SHORE RD
CHAZY, NY 12921
03-20-31-5AY-0000-033G
HUNTER, OLLIE F
3621 MARQUETTE AVE
SANFORD. FL 32773
03-20-31-5AY-0000-OOEO
SANFORD AIRPORT AUTH CITY OF SANFORD
CO SCUT REAS T RAI,IP HANGER2151 SPINNER LN
SANFORD, FL 32773
03-20-31-5AY-0000-033A
ALBERGA, KAREN L ENH LIFE EST
104 BROOK WOODE CT
ROYAL PLM BCH, FL 33411
03-20-31-5AY-0000-033C
WEBB, PATRICIA H TR
3480 SKYWAY DR
SANFORD. FL 32773
03-20-31-5AY-0000-033 B
POIRIER, RENE L
2758 LAKE SHORE RD
CHAZY NY 12921
03-20-31-5AY-0000-0390
UNITED STATES OF AMERICA
C.!0 UNITED STATES ARh1Y CORPPO BOX 2288
MOBILE, AL 36652
03-20-31-5AY-0000-0190
SEMINOLE B C C
1101 E 1ST ST
SANFORD, FL 32771
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CITY OF
I I
FST.�saaSkNFORD
p APPROVED
CITY COMMISSION MEMORANDUM 23.154
AUGUST 28, 2023 AGENDA
To:
PREPARED BY:
SUBMITTED BY:
SUBJECT:
WS_RM��+X
Item No. 7 - &J_
Honorable Mayor and Members of the City Commission
Eileen Hinson, AICP, Director of Planning ---�
Norton N. Bonaparte, Jr., ICMA-CM,_1 i4y vlanag2r
Rezone 3.72 acres from Agricult
Industrial (RI -1) (City of Sans
Avenue
STRATEGIC PRIORITIES:
A-1) (Serrrfnole County) to Restricted
at prAect address 3585 Marquette
❑ 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 3.72 acres from Agriculture (A-1) (Seminole County) to Restricted Industrial
(RI -1) (City of Sanford) at project address 3585 Marquette Avenue has been received.
The property owner and applicant is Csaba Oszlanczi. A CAPP (Citizens Awareness and
Participation Plan) meeting was held on April 5, 2023 and a copy of the report is attached, which
has 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:
The property owner, assessed tax value, total tax bill, and property status for 2022 is shown below:
Parcel Number
Property Owner
Assessed Value
2( 022)202
Tax Bill
03-20-31-5AY-0000-0330
Csaba Oszlanczi
$2,620
$27.89
The applicant is seeking to establish Office/Warehouse, Boat/RVNehicle Storage & Parking uses
on property. The proposed development will facilitate new non-residential construction and
generate additional tax revenue to the City.
BACKGROUND:
The 3.72 -acre site is currently located west of Skyway Drive and south of Marquette Avenue. The
subject property is currently zoned Agriculture (A-1) (Seminole County) with a Future Land Use
of High Intensity Planned – Airport (HIPAP) (Seminole County).
On March 13, 2023, the City Commission adopted Ordinance No. 4726, annexing the subject
property into the City of Sanford. The site currently retains its Seminole County Commercial
Future Land Use designation, pending approval of this rezone and the companion Future Land Use
map amendment to incorporate the subject property into the City of Sanford's Comprehensive
Plan. Even though the requested rezone is not the City corresponding zoning per the Seminole
County Sanford Joint Planning Agreement (JPA), it is consistent with the airport to the north, and
property to the west of the subject property, which are both zoned RI -1.
The applicant also has submitted a companion application to amend the Future Land Use
Designation on the subject property from High Intensity Planned – Airport (HIPAP) (Seminole
County) to Airport Industry and Commerce (AIC) (City of Sanford).
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.
This application and the companion Comprehensive Plan Amendment were continued from the
July 6, 2023 Planning and Zoning Commission meeting due to lack of posting of the on-site
placard. At the August 3, 2023 Planning and Zoning Commission meeting, the Planning and
Zoning Commission recommended the City Commission approve the request to rezone 3.72 acres
from Agriculture (A-1) (Seminole County) to Restricted Industrial (RI -1) (City of Sanford) at
project address 3585 Marquette Avenue.
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 maj eure 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
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. 4746 on August 14, 2023.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on August 16,
2023.
RECOMMENDATION:
It is Staff's recommendation the City Commission adopt Ordinance No. 4746.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4746."
Attachments: Project Information Sheet
Zoning Map
Site Aerial Map
Affidavit of Ownership
CAPP Package
Survey
Ordinance No. 4746