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4756 Citywide Comp Plan Amendments 45.73 Acres/21 ParcelsOrdinance No. 2023-4756 An Ordinance of the City of Sanford, Florida amending the City of Sanford Comprehensive Plan, as previously amended; providing for 21 Future Land Use Map amendments with regard to the aggregate total of 45.73 acres which was recently annexed; providing for the assignment of land use designation to parcels under the City's Comprehensive Plan; providing for the adoption of exhibits; 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 an effective date subject the State's statutory review process. Whereas, the City of Sanford (the "City") has enacted its Comprehensive Plan in accordance with the controlling provisions of State law which Comprehensive Plan has guided the City for many years; and Whereas, the City is committed to an ongoing and vibrant comprehensive planning program which addresses the needs of the citizens of the City; and Whereas, the City has long been engaged in, and is also committed to, a comprehensive and 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 11 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 of Sanford is also committed to ensuring that the provisions of the Joint Planning Agreement entered into with Seminole County are correctly implemented and adhered to; and Whereas, the provisions of Section 163.3184, Florida Statutes, relate to the process for the enactment of Comprehensive Plan amendments; and Whereas, the City has determined that the enactment of Comprehensive Plan amendments to the Future Land Use Element and Future Land Use Map are required by controlling law; and Whereas, the City's Planning and Zoning Commission recommended approval of this Ordinance at its meeting of October 5, 2023; and Whereas, the pertinent goals, objectives and policies of the Comprehensive Plan support the approval of the amendments set forth in this Ordinance; and Whereas, the City has complied with all requirements and procedures of Florida law in processing these amendments to the City of Sanford Comprehensive Plan including, but not limited to, Section 163.3184, Florida Statutes, as well as other controlling law; and 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 2 1 P a g e 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 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. 3 1 P a g e and 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 as set forth at Article VIII, Section 2, of the Constitution of the State of Florida; Chapter 163, Florida Statutes; Chapter 166, Florida Statutes, and other applicable controlling law. Now, therefore, be in enacted by the People of the City of Sanford, Florida: Section 1. Legislative Findings And Intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Ordinance the recitals (whereas clauses) to this Ordinance as well as the City staff report and City Commission agenda memorandum relating to this Ordinance as the legislative findings of the City Commission. (b). This Ordinance is internally consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. (c). The Exhibits to this Ordinance are incorporated herein as if fully set forth herein verbatim. 4 1 P a g e (d). City staff has concluded that the analyses relating to the amendments to the Comprehensive Plan as set forth in this Ordinance are well founded and consistent with sound and generally accepted practices and principles. Section 2. Amendments To Of Future Land Use Element/Future Land Use Map; Assignment Of Land Use Designations. The Future Land Use Element/Future Land Use Map of the Comprehensive Plan 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. (b). In accordance with the provisions of Section 166.031, Florida Statutes, the City Manager shall cause to be formulated and enacted an updated description of the City Limits of the City and shall accomplish such action on an ongoing programmed basis. (c). The City's Planning Director shall implement the provisions of controlling State law that relate to the actions set forth in this Ordinance. 5 1 P a g e Section 4. Incorporation Of Exhibits. 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 Comprehensive Plan 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 Comprehensive Plan 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 proves to be invalid, unlawful or unconstitutional, it shall not be held to impair the validity or effect of any other action or part of this Ordinance. Section 7. 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 8. Conflicts. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Codification/Instructions To Code Codifier. It is the intention of the City Commission of the City of Sanford, Florida, and it is hereby ordained that, the provisions of this Ordinance shall become and be made a 6 1 P a g e of the codified version of the City of Sanford Comprehensive Plan and/or the Code of Ordinances of the City of Sanford, Florida in terms of amending the Future Land Use Element and Future Land Use Map. The sections, divisions and provisions of this Ordinance may be renumbered or re -lettered as deemed appropriate by the Code codifier. Section 10. Effective Date. The Comprehensive Plan amendments set forth herein shall not become effective, in accordance with Section 163.3184(3), Florida Statutes, until 31 days after the State land planning agency (Florida Department of Economic Opportunity) notifies the City that the package relating to the Comprehensive Plan amendments is complete. If timely challenged, the Comprehensive Plan amendments shall become effective, but any particular amendment or amendments challenges shall not become effective until the said State land planning agency or the Administration Commission enters a final order determining the adopted, but challenged, amendment(s) to be in compliance. Passed and adopted this 13'" day of November, 2023. Attest. City Commission of the City of Sanford, Florida ,1' Ll VUtL--MLA 111.4, VL I Ivit "t Traci Houchin, MMC, FCRM Approved as to form a William L. Colbert, Esquire City Attorney *3:I1-.111-"aA>wi]n1 II&V IS2 i • CITY OF — T nUra� WS RM X SkNFORD FLORIDA Item No.,, CITY COMMISSION MEMORANDUM 23.210 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: Comprehensive Plan Amendments; 45.73 Acres/21 Parcels; Future Land Use Map Amendments; Compliance with Annexation Statute; Ordinance No. 2023-4756 STRATEGIC PRIORITIES: ❑ Unify Downtown & the Waterfront ❑ Promote the City's Distinct Culture ❑ Update Regulatory Framework ❑ Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: Adoption of Ordinance No. 2023-4756, for the annual Citywide Comprehensive Plan Future Land Use Map amendment of 2023 is requested. FISCAL/STAFFING STATEMENT: There are no fiscal or staffing issues impacted by the approval of Ordinance No. 2023-4756. BACKGROUND: In 2015 the City updated the Sanford/Seminole County Joint Planning Agreement (JPA) which included an Exhibit B describing equivalent Future Land Use designations between the City and County in their respective comprehensive plans. The designations have been deemed equivalent due to their similar intensities and densities of allowable development. This Comprehensive Plan amendment consists of 21 individual and distinct Future Land Use map amendments with a total of 45.73 acres being affected. No text amendments are included. All of the amendments are due to annexations occurring from May, 2022 to September, 2023 and will have the equivalent Future Land Use Designations in the City as in the County with the exception of the properties outlined below, which are being amended as a corrective action or to align with the actual land use on the property. The impacts of development on public facilities and service have already been accounted for in the County for all amendments due to annexations. It is important to note that the property located at 1200 Americana Boulevard is being amended from High Density Residential (HDR) to General Commercial (GC).The zoning of the subject property is General Commercial (GC -2) and the property owner has received conditional use approval to be developed with warehouses. The requested GC land use designation is more consistent with the current use of the property and the surrounding land uses and corrects an inconsistency between the land use and zoning. Further, the property located at 2141 West 25th Street is being amended from Public, Semi -Public (PSP) to Medium Density Residential (MDR -15). The subject property is surplus land owned by the City. The land use amendment assigns a land use designation that make the property consistent with the existing zoning and adjacent land uses. Once approved, selling the subject property for future development is a viable option for the City. On October 5, 2023, the Planning and Zoning Commission recommended that the City Commission adopt an ordinance approving the proposed amendment to the City's Comprehensive Plan regarding the properties under discussion. LEGAL REVIEW: The City Attorney has reviewed the staff report and has noted that this matter is not a quasi-judicial matter as amendments to local government comprehensive plans are legislative in nature. Also, 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. The City Commission approved the first reading of Ordinance No. 2023-4756 on October 23, 2023. The City Clerk published notice of the second Public Hearing in the Sanford Herald on November 5, 2023. RECOMMENDATION: City Staff recommends that the City Commission adopt Ordinance No. 2023-4756. SUGGESTED MOTION: "I move to adopt Ordinance No. 2023-4756." Attachments: (1). Table of proposed amendments to City's Comprehensive Plan. (2). Complete map set. (3). Ordinance No. 2023-4756. Cd Cd a� a� � M w w w w w� U Cd W 03 � o U N � N 0 o (1) 0 A � N 0 A � N N A—A—A—A'—'A'—' 0 N N N N y N N N N Q w N N Q'�AiwA N 0 U Gy, N (1) AA N N a b o U oA—agA U a ocn s o a ocn a oCA a o a o a o a orn a ocn a o a oin a o a ocn a o� a ocn a A rs 4w '+-+ rs; C;3 '+ 4. Cd , � 'Y 4S Cd '+� C w C '� w Cd '+= Cdu: .. Cdw y 'il rs m 'i 4, '+ rw Cd ' rw 'u [CI�] + CIS i + (cn CI) col V] Y 00 C6 P4 V] P� V�J ++ (04 C/) +- (V) C6 + CSI!] + cn r. 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C 00 m % � C> / M n 0 \ \ / n G g 00 � n � City of Sanford Comprehensive Plan Amendment Site: 2212 Southwest Road & 2226 Southwest Road Parcells): 35-19-30-517-1300-0140 & 34-19-30-511-OA00-0050 Proposed Future Land Use: General Commercial (GC) 0.21 Acres Existing Land Use Current Future Seminole County Existing Land Use Land Use 0 Industrial Seminole County Residential - Multi -Family Current Future Land Residential -Single Family Use ® Commercial -Vacant 0 city 0 Industrial - Vacant 0 Residential - Vacant i� Commercial (� Low -Density Residential 9U G4(Otv Sanford Current Future Land Use 0 General Commercial 0 Industrial Existing Land Use Q �O 6V �yow - --- Sanford Future Land Use 0 General Commercial Industrial Current Future Land Use W _ W a 9U G4(Otv Proposed Future Land Use W Z Q vJ� 6U �L of q% City of Sanford Comprehensive Plan Amendment Site: 106 West Jenkins Circle Parcel(s): 12-20-30-300-0040-0000 Proposed Future Land Use: Low Density Residential - Single Family (LDRSF) 0.24 Acres Existing Land Use Current Future Seminole County Existing Land Use Land Use �j Public -Other Seminole County i Recreational Current Future Land Residential -Single Family Use 0 Residential -vacant 0 City i (� Low -Density Residential Sanford Current Future Land Use !2 — z i t. s Low Density Res. Single Family Resource Protection Parks, Recreation & Open Space Sanford Future Land Use Low Density Res. Single Family Resource Protection Parks, Recreation & Open Space Existing Land Use � ti� QRC QRS I i E3 z 52 z t3 z z !2 — z i t. s A Current Future Land Use ti� QRC E3 z 52 z cn z Z n Proposed Future Land Use I I I I E3 z 52 z Map 2 City of Sanford Comprehensive Plan Amendment Site: 2904 South Palmetto Avenue, 2908 South Palmetto Avenue, 2912 South Palmetto Avenue, 2915 South Palmetto Avenue, & Unaddressed South Palmetto Avenue Parcel(s): 01-20-30-519-0500-0010, 01-20-30-519-0500-0020, 01-20-30-519-0500-0030, 01-20-30-519-0400-0050, 01-20-30-519-0400-005A & 01-20-30-519-0400-0040 Proposed Future Land Use: Low Density Residential - Single Family (LDRSF) 1.88 Acres Current Future Land Use Existing Land Use Sanford Future Seminole County Seminole County Existing Land Use Current Future Land Land Use = Commercial Use � General Commercial Recreational Residential - Multi -Family City Low Density Res. Single Residential - Single Family Commercial Family - Commercial - VacantMed. 0 Low -Density Residential Density Res. 15 0 Units/acre 0 Residential - Vacant Medium -Density Neighborhood Residential Commercial Sanford Current Resource Protection Future Land Use Parks, Recreation & Open Space 0 General Commercial Low Density Res. Single Family Med. Density Res. 15 Units/acre Neighborhood Commercial 0 Resource Protection U Parks, Recreation & Open Space Existing Land Use 29TH STREET W W z a ILLI a z 0< o a z 9a 19 )k Map 3 City of Sanford Comprehensive Plan Amendment Site: 2901 Magnolia Avenue, 2903 Magnolia Avenue, & 2905 Magnolia Avenue Parcel(s): 01-20-30-519-0500-0070, 01-20-30-519-0500-0080, & 01-20-30-519-0500-0090 Proposed Future Land Use: Low Density Residential - Single Family (LDRSF) 0.54 Acres Existing Land Use Current Future Seminole County Existing Land Use Land Use Commercial Seminole County l Recreational Current Future Land Residential -Single Family Use Residential -vacant 0 City Low -Density Residential - Medium -Density a Residential W 29TH STREET z Q zd Sanford Current f '-7 Future Land Use Q S i I I I 1 1 1 1— - 0 General Commercial Low Density Res. Single Family 0 Resource Protection Parks, Recreation & Open Space Existing Land Use Sanford Future Land Use General Commercial Low Density Res. Single Family Resource Protection Current Future Land Use I z a I� z LLI 29TH STREET 'F W 0 0 - a z W 29TH STREET z Q zd z a O f '-7 Sanford Future Land Use General Commercial Low Density Res. Single Family Resource Protection Current Future Land Use z a a W 0 a W 29TH STREET z Q zd z a O f '-7 Q S i I I I 1 1 1 1— - Proposed Future Land Use W W z 29TH STREET z a a 0 a f '-7 Map 4 City of Sanford Comprehensive Plan Amendment Site: 300 Art Lane and Unaddressed Art Lane Parcel(s): 10-20-30-300-019K-0000 & 10-20-30-300-017B-0000 Proposed Future Land Use: Low Density Residential - Single Family (LDRSF) 19.63 Acres Existing Land Use Current Future Sanford Future Seminole County Existing Land Use Land Use Land Use institutional Seminole County O Low Density Res. Single 0 office Current Future Land Family Public - Other Residential Multi -Family Use Med. Density Res. 10 - 0 City Units/acre Residential - Single Family Commercial Low -Density Residential Med. Density R25. 15 - -vacant Sanford Current Units/acre Other Vacant MEADOW STREET Residential - vacant Future Land Use Neighborhood Commercial Low Density Res. Single Family Public / Semi -Public 0 Med. Density Res. 10 Resource Protection Units/acre Med. Density Res. 15 Units/acre Neighborhood Commercial Public/ Semi -Public Resource Protection Existing Land Use z !�` ' U� MEADOW 2� +ri H W BILLS W' - COURT DRIVE— ce r�i � $ J47 tifO viQ,�r O i i lit'- 'Pr 2�J�T PINE i r MEADOW: STREET Current Future Land Use 2�� MEADOW v HIILLL DRIVE a : �.ys`liAu 'a6L PINE c�?J� �tt<g ORnV�s MEADOW 7ETr—F Proposed Future Land Use c`0o Lu z a 0 z MEADOW STREET Map 5 City of Sanford Comprehensive Plan Amendment Site: 921 Vihlen Road and Unaddressed Vihlen Road Parcel(s): 33-19-30-5AF-0000-032C, 33-19-30-5AF-0000-0280, & 33-19-30-5AF-0000-032E Proposed Future Land Use: Agriculture (AG) 4.74 Acres Existing Land Use Current Future Seminole County Existing Land Use Land Use 0 Agriculture Seminole County Government Current Future Land Public - Other Use Residential - Single Family = City 0 Other Vacant 0 Residential - Vacant OLow-Density Residential County Owned Public/ . w I"Zi z Quasi -Public mo Sanford Current T NO�OIT Future Land Use �KAYS Low Density Res. Single Family 0 Resource Protection Sanford Future Land Use Low Density Res. Single Family Resource Protection Agriculture Existing Land Use PA AmIA COURT TFCOURT NO�OwpY�� CpURT . w I"Zi z mo z g �r T NO�OIT ov �KAYS LANDING DRIVE VIHLE - r LLJ z � oo < .- I KAYS 0 co LANDING D Current Future Land Use PAMALA COURT mo T NO�OIT ov cA9Rw' LLJ z KAYS 0 co LANDING D VIHLPN.ROAD C� y O�� �2 �1R Map 6 0 co Map 6 City of Sanford Comprehensive Plan Amendment Site: 3645 Marquette Avenue, 3571 Marquette Avenue, & Unaddressed Marquette Avenue Parcel(s): 03-20-31-5AY-0000-033A, 03-20-31-5AY-0000-034A, & 03-20-31-5AY-0000-033D Proposed Future Land Use: Airport Industry and Commerce (AIC) 5 Acres Existing Land Use Current Future Seminole County Existing Land Use Land Use Government Seminole County Recreational Current Future Land Residential -Single Family Use Transportation City 0 Residential -Vacant High Intensity Planned - Airport Sanford Current Future Land Use Airport Industry & Commerce Parks, Recreation & Open Space Sanford Future Land Use Airport Industry & Commerce Parks, Recreation & Open Space A Current Future Land Use MARQUEfTE AVENUE O Q Ln Q V)0 Proposed Future Land Use MARQUEM AVENUE F Q V)0 Map 7 City of Sanford Comprehensive Plan Amendment Site: 2141 West 25th Street Parcel(s): 02-20-30-300-0180-0000 Proposed Future Land Use: Medium Density Residential 11.19 Acres (MDR -15) Existing Land Use Current Future Sanford Future Seminole County Existing Land Use Land Use Land Use L� Commercial Seminole County General Commercial Public Schools & Colleges Current Future Land 0 High Density Residential Industrial Use A i. . Institutional 0 City Industrial 0 Government Commercial Low Density Res. Single 0 Public - Other Industrial Family i Recreational Medium -Density Residential Med. Density Res. 15 Residential -Multi-Family - Grave Site -Public/ Units/acre Q Residential - Single Family Quasi -Public Public / Semi -Public _ Transportation Sanford Current 0 Resource Protection _ Commercial - vacant Vacant Future Land Use Parks, Recreation & 0 Industrial - - General Commercial Open Space Other Vacant High Density Residential Residential - Vacant Industrial Low Density Res. Single Family Med. Density Res. 15 Units/acre Public / Semi -Public 0 Resource Protection C� Parks, Recreation & Open Space Existing Land Use LUZ a 25TH:STREETJ • f A i. . 4� G' �QII11 0.`R Q O + ■ — :. RIDGEW001) AVENUE A l s • I- ,mom �QII11 Q O + ■ .__.. '_