4757 Citywide Rezones 42.90 Acres/19 ParcelsOrdinance No. 2023-4757
An ordinance of the City of Sanford, Florida rezoning 19 parcels
totaling 42.90 acres in accordance with a table of the subject
properties as an exhibit; providing for findings and intent; providing
for amendments to the City's Zoning Map; providing for implementing
actions; providing for severability; providing for ratification of prior
acts of the City; providing for conflicts and scriveners errors;
providing for codification and directions to the Code codifier and
providing for a contingent 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 October 5, 2023; and
11Pa-e
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 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
21Pa-,c
; 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):
; and
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).
Whereas, additionally, this Ordinance is enacted generally pursuant to the
home rule powers of the City of Sanford as set forth at Article VIII, Section 2, of the
31Page
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.
(a). 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.
411)a -,e
(b). The City's Planning Director shall implement the provisions of controlling
State law that relate to the actions set forth in this Ordinance.
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
City's LDRs; 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.
51Page
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 13th day of November, 2023.
Attest.
Traci Houchin, MMC, FCRM
City Clerk
Approved as to form and le I suffi
William L. Colbert, City Attorney
City Commission
Sanford, Flo4ida
G
Mayor
V -
Jency:
EXHIBITS FOLLOW
City of
CITY OF
SkNFORD 7 WS _ RM X
FLORIDA QQ
Item No. �� IJ
CITY COMMISSION MEMORANDUM 23-211
NOVEMBER 13, 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-CM, City Manager
SUBJECT: Citywide Rezoning; 19 Parcels/42.90 Acres; After Annexation Statutory
Compliance; Ordinance No. 2023-4757
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
This is the annual Citywide Zoning Map amendment of 2023 and the adoption of Ordinance No.
2023-4757 is requested.
FISCAL/STAFFING STATEMENT:
There are no fiscal or staffing issues impacted by the approval of Ordinance No. 2023-4757.
BACKGROUND:
In conjunction with the Citywide future land use designation update relative to the City's
Comprehensive Plan, this request is intended to assign the City's zoning classifications to 19
parcels totaling 42.90 acres. This rezoning action brings the properties in compliance with the 2015
City/Seminole County Joint Planning Agreement (JPA), and controlling State law. The list of
properties identified were annexed between May, 2022 and September, 2023 and will be assigned
the equivalent zoning designations in the City as currently zoned in the County with the exception
of 2141 West 25th Street, which is being rezoned to unify a split zoning of the property. The
impacts of development on public facilities and services have already been accounted for in the
County for all amendments due to annexations.
The zoning of the property located at 2141 West 25th Street is being rezoned from Agriculture
(AG) and Medium Density Residential (MR -3) to Medium Density Residential (MR -3). Currently
the property has split zoning. The subject property is surplus land owned by the City. This rezone
assigns a unified zoning designation that makes the property consistent with the adjacent zonings
and land uses. Once approved, the option of the City selling the subject property for future
development will be enhanced.
On October 5, 2023, the Planning and Zoning Commission recommended that the City
Commission adopt an ordinance to rezone 19 properties in order to assign a City zoning
classification equivalent to those assigned by the County at the time of annexation.
LEGAL REVIEW:
The City Attorney has reviewed the staff report and has noted that Section 171.062 (2), Florida
Statutes, provides that "[i]f 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." Thus, it is
incumbent upon the City, as an aggressive municipality that annexes a good number of parcels
each year, to regularly and promptly take the action proposed herein.
Also, and of limited impact in this administrative type of matter resulting from basic land use and
statutory requirements, 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, in part, as follows (please note
emphasized text):
166.033 Development permits and orders.—
(1)–(2)...
(3) When a municipality denies an application for a development permit or development
order, the municipality shall 14ive 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)–(7) ...
The above -referenced statutory 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 statutorily 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 an 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 City's 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 approved the first reading of Ordinance No. 4757, on October 23, 2023.
The City Clerk published notice of the 2"d Public Hearing in the Sanford Herald on November 5,
2023.
RECOMMENDATION:
City Staff recommends that the City Commission adopt Ordinance No. 2023-4757.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2023-4757."
Attachments: (1). Citywide rezoning table.
(2). Citywide rezoning maps.
(3). Ordinance No. 2023-4757
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22ND STREEr
Site
2212 Southwest Road & 2226 Southwest Road
35-19-30-517-1300-0140 &
34-19-30-511-OA00-0050
Zoning
I Sanford
GC -2 (General Commercial)
MI -2 (Medium Industrial)
WX Seminole County
R-1 (Single -Family Dwelling)
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R-2 (One and Two -Family Dweling)
C-1 (Retail Commercial)
SITE
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Zoning
Sanford
AG (Agriculture)
PRO (Parks, Recreation, and Open Space)
SR -1 (Single Family Dwelling Residential)
Seminole County
A-1 (Agriculture)
COLEMAN CIRCLE
SITE
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Site
106 West Jenkins Circle
12-20-30-300-0040-0000
Zoning
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GC -2 (General Commercial)
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MR -2 (Multiple -Family Residential)
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PRO (Parks, Recreation, and Open Space)
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RC -1 (Restricted Commercial)
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SR -1 (Single Family Dwelling Residential)
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SR -1A (Single Family Dwelling Residential)
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Seminole County
R -1A (Single -Family Dwelling)
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R-1 (Single -Family Dwelling)
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SITE
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29TH STREET
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Site
2904 South Palmetto Avenue,
2908 South Palmetto Avenue,
2912 South Palmetto Avenue,
2915 South Palmetto Avenue, &
Palmetto Avenue
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01-20-30-519-0500-0010,
01-20-30-519-0500-0020,
01-20-30-519-0500-0030,
01-20-30-519-0400-0050, &
01-20-30-519-0400-0040
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Zoning
Sanford
GC -2 (General Commercial)
MR -2 (Multiple -Family Residential)
PRO (Parks, Recreation, and Open Space)
RC -1 (Restricted Commercial)
SR -1 (Single Family Dwelling Residential)
SR -1A (Single Family Dwelling Residential)
Seminole County
R -1A (Single -Family Dwelling)
F_ R-1 (Single -Family Dwelling)
SITE
29TH STREET
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Site
2901 Magnolia Avenue, 2903 Magnolia Avenue,
& 2905 Magnolia Avenue
01-20-30-519-0500-0070, 01-20-30-519-0500-0080,
& 01-20-30-519-0500-0090
Zoning
Sanford
AG (Agriculture)
GC -2 (General Commercial)
MR -2 (Multiple -Family Residential)
MR -3 (Multiple -Family Residential)
PD (Planned Development)
RC -1 (Restricted Commercial)
SR-1AA (Single Family Dwelling Residential)
SR -1 (Single Family Dwelling Residential)
SR -1A (Single Family Dwelling Residential)
Seminole County
A-1 (Agriculture)
R -1A (Single -Family Dwelling)
R-3 (Multiple -Family Dwelling)
RP (Residential Professional)
SITE
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Site
300 Art Lane &
Unaddressed Art Lane
10-20-30-300-019K-0000 & KE MARY BOULEVARD �u
10-20-30-300-017B-0000'
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Zoning
Sanford
417
AG (Agriculture)
PD (Planned Development)
RI-1 (Restricted Industrial)
SR-1 (Single Family Dwelling
Residential)
Seminole County
. A-1 (Agriculture)
PAMALA COURT
SITE
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921 Vihlen Road & Unaddressed
Vihlen Road
33-19-30-5AF-0000-032C,
33-19-30-5AF-0000-0280, &
33-19-30-5AF-0000-032E
Zoning
Sanford
AG (Agriculture)
PRO (Parks, Recreation, and Open Space)
PD (Planned Development)
RI -1 (Restricted Industrial)
Seminole County
C A-1 (Agriculture) SITE
MARQUETTE AVENUE
Site LN 3645 Marquette Avenue,
3571 Marquette Avenue, & LAKE MARY BOULEVARD
Marquette Avenue
03-20-31-5AY-0000-033A,
03-20-31-5AY-0000-034A, &
03-20-31-5AY-0000-033D
NTRY CLUB ROAD
Zoning
SITE
Site
2141 West 25th Street
02-20-30-300-0180-0000
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COUNTRY
rR CIRCLE
RIDGE)NOOD
Sanford
AG (Agriculture)
GC -2 (General Commercial)
MI -2 (Medium Industrial)
MR -2 (Multiple -Family Residential)
MR -3 (Multiple -Family Residential)
PRO (Parks, Recreation, and Open Space)
PD (Planned Development)
RC -1 (Restricted Commercial)
RI -1 (Restricted Industrial)
SR -1 (Single Family Dwelling Residential)
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Seminole County
] A-1 (Agriculture)
] M-1 (Industrial)
SITE
Site
2141 West 25th Street
02-20-30-300-0180-0000
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2537 S. MAGNOLIA AVENUE
SANFORD, FLORIDA 32773
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RINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF LOT 125, BEING NORTH, PER PLAT
LIST OF POSSIBLE ENCROACHMENTS: NONE
OLS M. 23-07-0069 LEGEND
CLIENT#: I FLOOD ZONE INFORMATION
FIELD DATE: 07/24123 (FOR INFORMATIONAL PURPOSES ONLY)
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Zoning ApprMh 129
Permit Number. BR23-001277 v�
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Date: August 16, 2023
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Zoning District: MR -2, POR -Single Family Residential/ Accessory Structure
Approved By-$..M.106.,f d.
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Planning is okay With the install of appro imalely 11'x 18'( Sq. Ft.)
Z BLOCSCORNER
;NOTES:
SHED as shown on plan. Meet area and dimenslonregulatlons for the MR -2
R
/OF LOT
zoning district. Amessory structure must be a minimum of 5 feet from the side
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property line and 4 feet from the rear property line. I—I
No Structure shall be installed in a Easement.
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2537 S. MAGNOLIA AVENUE
SANFORD, FLORIDA 32773
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LEGAL DESCRIPTION: (AS FURNISHED)
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6 THE N. 112 OF LOT 127, FRANK L. WOODRUFFS SUBDIVISION, ACCORDING TO THE PLAT THEREOF
ORDED IN PLAT BOOK 3, PAGE(S) 44 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY FLORIDA
RINGS SHOWN HEREON ARE BASED ON THE WESTERLY LINE OF LOT 125, BEING NORTH, PER PLAT
LIST OF POSSIBLE ENCROACHMENTS: NONE
OLS M. 23-07-0069 LEGEND
CLIENT#: I FLOOD ZONE INFORMATION
FIELD DATE: 07/24123 (FOR INFORMATIONAL PURPOSES ONLY)
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B SURVEY IS OF ME PA FOR TIE ED HERE E
WO BENEFT OF THE PARTES LISTED HEREON,
LNBi TRATOERRE ORASMAYNOT BE
TRANSFERRED OR ASSIGNED.
SUBJECT PROPERTY SNW,N HEREON APPEARS TO BE LOCATED N
FLOOD ZONE X AREA OUTSIDEOF THE IM YEAR FLOCDPLAR
PER FJ M. PANEL NJMBER 12117C0010F
LAST REVISION DATE 042301
SURVEYOR'S CERTIFICATE
I HEREBY CERTIFY THAT THIS SKETCH OF SURVEY WAS MADE UNDER MY
RESPONS RLE CHARGE ANU TO ME BEST OF MY INONLEDGE ARO BELIEF. SAO
SURVEY MEETS THE ST.WOAROS OF PRACRICE SET FORM BY THE FLORIDA BOARD
OF PROFESSIONAL WD SURVEYORS N CHAPTER 4F2D FLORIDA ADMINISTRATIVE
CODE. FURTHER. THIS DOCUMENT IS ELECTRMICALLY SIGNED AND BMW
PURSUANT TO THE FLORIDA STATUTES SECTION FAI T.OW AND FJ.'?.Ml OF THE
FLORIDA ADMNISiRATME CODE.
DATE SIGNED;0712fi12023
NE SEK APPEARING WI INMS DOCUMENT
AS AUTIOSQUO BY THOMAS C. LITTLE, PSM B+DF, „ s
N THM OAT, 07rMiau1
DEAL LAND SURVEYING, LLC LB 8121
LL. FOR ALUNamwEs CONTACT- NOTVALID WITHOUT AN AUTHENTICATED ELECTRONIC SIGNATURE
Dol L.nd s.rv.ytng,
Boa s. Fnnen Ar.... AND AUTHENTICATED ELECTRONIC SEAL
sam.ro, FL 02Trt DATE REV15fON CA TE REV151QY
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