Ordinance No. 2024-4803  An Ordinance of the City of Sanford, Florida amending the City of Sanford Comprehensive Plan, as previously amended; providing for amendment of the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan relative to certain real property, approximately 12.53 acres in size, owned by Seminole Storage Units 3 LLC (Tax Parcel Identification Numbers 03- 20.31-5AY-0000-27A0, 03-20-31-5AY-0000-27A1 and 03-20-31-5AY- 0000-27A2), said property being addressed as 3922 East Lake Mary Boulevard; providing for the future land use designation to be amended from Industrial (IND) (Seminole County) To Airport Industry And Commerce (AIC) (City); providing for legislative findings and intent; providing for assignment of the land use designation for the property; providing for severability; providing for ratification of prior acts of the City; providing for conflicts; providing for codification and directions to the code codifier and providing for an effective  date.  Whereas, the fee simple title owner of the real property that is the subject of this Ordinance is Seminole Storage Units 3 LLC whose managers are James H.  Hodges and Magie S. Hodges (the Property Owner);and  Whereas, the applicant on behalf of the Property Owner is Maverick  VonHerbulis of McKee Construction located in Sanford; and  Whereas, the subject real property is assigned Tax Parcel Identification Numbers 03-20-31-5AY-0000-27A0, 03-20-31-5AY-0000-27A1 and 03-20-31-5AY- 0000-27A2, as assigned by the Seminole County Property Appraiser; and  Whereas, the subject real property is a site 12.53 acres in size and is addressed as 3922 East Lake Mary Boulevard which real property is located between Cameron Avenue on the west and East Lake Mary Boulevard on the east, and approximately 0.5  mile south of their intersections with State Road 46; and  Whereas, a Citizens Awareness and Participation Plan (CAPP) meeting was held on July 2, 2024 and the CAPP report has been found to be satisfactory to the City;  1Page    and  Whereas, the applicant's request is to amend the for the subject property from the Industrial (IND) future land use designation (Seminole County) to the Airport  Industry and Commerce (AIC) future land use designation (City); and  Whereas, the Property Owner also has submitted a companion application to  rezone the subject property; and  Whereas, the City of Sanford's Planning and Zoning Commission, as the City's local planning agency, held a public hearing on August 1, 2024, to consider amending the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan and recommended approval of the proposed Future Land Use Map amendment to the Comprehensive Plan for the subject property; and  Whereas, Section 163.3187, Florida Statutes, relates to the amendment of adopted local government comprenensive plans and sets forth certain requirements relating to small scale amendments, and which are related to proposed small scale development activities and provides, among other things, that such amendments may be approved without regard to statutory limits on the frequency of consideration of  amendments to the City of Sanford comprenensive Plan; and  Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing this amendment to the City of Sanford Comprehensive Plan including, but not limited to, Section 163.3187, Florida Statutes;  and  Whereas, the City of Sanford has complied with Florida's Community Planning Act which was amended during the 2021 Legislative Session by the passage of Committee Substitute for Committee Substitute for Committee Substitute for House  2]Page    Bill Number 59 (initially codified as Chapter Number 2021-195, Laws of Florida) to require every city and county within the State "to include in its comprehensive plan a  property rights element" (Section 163.3177(6)01, Florida Statutes).  Now, therefore, be it enacted by the People of the City of Sanford, Florida:  Section 1. Legislative Findings and Intent.  (a). The City of Sanford has complied with all requirements and procedures of  Florida law in processing and advertising this Ordinance.  (b). The City Commission of the City of Sanford adopts the recitals (whereas  clauses) of this Ordinance as legislative findings.  (c). This Ordinance is internally consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford and the proposed Comprehensive Plan amendment does not trigger any urban indicators and adoption of this amendment will discourage the proliferation of urban sprawl within the City of  Sanford.  Section 2. Amendment to Future Land Use Map; Incorporation of Maps, (a). The Future Land Use Plan Element of the Comprehensive Plan of the City of Sanford and the City's Future Land Use Map is hereby amended by changing the future land use designation from the Industrial (IND) future land use designation (Seminole County) to the Airport Industry and Commerce (AIC) future land use designation (City) regarding the real property which is the subject of this Ordinance as  Sketches and Legal Descriptions.  set forth herein.  (b). The property which is the subject of this comprenensive Plan amendment is assigned Tax Parcel Identification Numbers 03-20-31-5AY-0000-27A0, 03-20-31-  3Page    5AY-0000-27A1 and 03-20-31-5AY-0000-27A2 by the Seminole County Property  Appraiser.  (c). Any maps, sketches and legal descriptions attached to this Ordinance are hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance, but the land which is the subject of this Ordinance consists of Tax Parcel Identification Numbers 03-20-31-5AY-0000-27A0, 03-20-31-5AY-0000-27A1 and 03-20-31-5AY-0000-27A2 as assigned by the Seminole County Property Appraiser.  Section 3. Implementing Administrative Actions.  The City Manager,  or designee, is hereby authorized to implement the provisions of this Ordinance as  deemed appropriate and warranted.  Section 4. 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 5. Severability.  Ifa 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 oft this Ordinance.  Section 6. Conflicts. All ordinances or parts of ordinances in conflict  herewith are hereby repealed.  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. 4IPage    Section 8. 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 part of the codified version of the City of Sanford comprenensive Plan and/or the Code of Ordinances of the City of Sanford, Florida in terms of amending the Future Land Use Map of the City.  Section 9. Effective Date. The small scale Comprehensive Plan amendment set forth herein shall not become effective, in accordance with Section 163.3187(5)(c), Florida Statutes, until 31 days after the enactment of this Ordinance. If challenged within 30 days after enactment, the small-scale amendment set forth in this Ordinance shall not become effective until the State land planning agency or the Administration Commission, respectively, issues a final order determining that the subject small-scale amendment is in compliance with controlling State law; provided, however, that this Ordinance shall not take effect until the annexation ordinance  annexing the property that is the subject of this Ordinance is final.  Passed and adopted this  day of  2024.  Attest:  City Commission of the City of Sanford, Florida  By: City Clerk  By: Art Woodruff Mayor  Traci Houchin, MMC, FCRM Approved as to form and legality:  By: William L. Colbert, Esquire City Attorney  5]Page    CITYOF SANFORD  FLORIDA  Business Impact Estimate  This form should be included in agenda packet for the item under which the proposed ordinance is to be considered, and must be posted on the City's website by the time notice of the proposed An Ordinance of the City of Sanford, Florida amending the City of Sanford Comprehensive Plan, as previously amended; providing for amendment of the Future Land Use Map of the Future Land Use Element of the City of Sanford Comprehensive Plan relative to certain real property, approximately 12.53 acres in size, owned by Seminole Storage Units 3 LLC (Tax Parcel Identification Numbers 03-20-31-5AY-0000- 27A0, 3031SAY-00OZTAN and 032031-SAYF-0O002IA2A said property being addressed as 3922 East Lake Mary Boulevard; providing for the future land use designation to be amended from Industrial (IND) (Seminole County) To Airport Industry And Commerce (AIC) (City); providing for legislative findings and intent; providing for assignment of the land use designation for the property; providing for severability; providing for ratification of prior acts of the City; providing for conflicts; providing for codification and directions to the code codifier and providing for an effective date.  ordinance is published.  The City is of the view that the following exception(s) to the Business Impact Estimate requirement, that are checked offi in a box below, apply to the above-referenced proposed ordinance. Although, the City is implementing the procedure required by statutory law to ensure that no inadvertent procedural issue could impact the enactment of the proposed R The proposed ordinance is required for compliance with Federal or State law or The proposed ordinance relates to the issuance or refinancing of debt; The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant, or other  ordinance.  regulation;  financial assistance accepted by the  The proposed ordinance is an emergency ordinance;  1/Page    The ordinance relates to procurement; or  The proposed ordinance is enacted to implement the following:  a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; b. Sections 190.005 and 190.046, Florida Statutes, regarding community C. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Ina accordance with the provisions of controlling law, even notwithstanding the fact that, ane exemption noted above may apply, the City hereby publishes the following information: 1. Summary of the proposed ordinance (must include statement of the public purpose, This is a rezoning ordinance which was enacted upon application of the property owner. This is a ordinance which was enacted upon application of the property owner.  development districts;  such as serving the public health, safety, morals, and welfare):  2. Estimate of direct economic impact of the proposed ordinance on private, for-profit  businesses in the City: Not Applicable  3. Estimate of direct compliance costs that businesses may reasonably incur: Not  Applicable  4. Any new charge or fee imposed by the proposed ordinance:  Not Applicable  5.E Estimate of the City's regulatory costs, including estimated revenues from any new  charges or fees to cover such costs:  Not Applicable  6.G Good faith estimate of the number of businesses likely to be impacted by the proposed  ordinance: Not Applicable  2Page    7. Additional information (if any, but may wish to include the methodology used to derive information for #1 and #2, above. For example: City staff solicited comments from businesses in the City as to the potential impact oft the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on City website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses based on feedback from businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not impose costs only upon businesses.):  Not Applicable  3IPage