Ordinance No. 2024-4804 An ordinance of the City of Sanford, Florida providing for the rezoning of a parcel of real property totaling approximately 12.53 acres in size located at 3922 East Lake Mary Boulevard and assigned Tax Parcel 03-20-31-5AY-0000-27A1 and 03-20-31-5AY-0000-27A2 by the Seminole County Property Appraiser which property is located within the Sanford City Limits (map of the PD property is attached) from County Agriculture (A-1) to City Planned Development (PD); providing for findings and intent; providing for the taking of implementing administrative actions; providing for the adoption of a map by reference; providing for conflicts; providing for severability; providing for non-codification and the correction of scrivener's errors and Whereas, an application has been submitted proposing to rezone real property generally addressed as 3922 East Lake Mary Boulevard from the Seminole County Agriculture (A-1) zoning districtclassification tot the City's Planned Development (PD) zoning districtclassification to establish specified uses on the PD Property; and Identification Numbers 032031-SAY-0O027A0, providing for an effective date and potential reversion. 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 1Page 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; and Whereas, according to the PD Master Plan, the Property Owner proposing a general commercial project consisting of 2 commercial tracts, and associated supportive infrastructure and the PD Master Plan also identifies specific development standards such as buffers, parking and setbacks; and Whereas, the subject property is not located within any sub-areas oft the City's Joint Planning Agreement; and Whereas, the City's Planning and Development Services Department conducted at thorough review and analysis of the demands upon public facilities and recommended that the subject rezoning application be approved having determined that the proposal is technically sufficient and consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford, the City's Land Development Regulations (LDRs), and the controlling provisions of State law; and Whereas, the City of Sanford Planning and Zoning Commission considered the rezoning application submitted by the Applicant at its August 1, 2024, meeting and unanimously recommended that the City Commission adopt an ordinance to rezone the PD Property from the County Agriculture (A-1) zoning district/classification to the City's Planned Development (PD) zoning districtclassification to establish specified uses on the PD Property based on the request being consistent with the goals, objectives and policies of the City's Comprehensive Plan; and 2]Page Whereas, the City planning and development staff have determined that the rezoning request is consistent with the underlying land use and the goals and objectives of the City's Comprehensive Plan and recommend approval of this Ordinance; and Whereas, the City Commission has determined that the proposed rezoning oft the PD Property as set forth in this Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the City's LDRS, and the controlling provisions of State law; and Whereas, the City Commission of the City of Sanford, Florida has taken all actions relating to the rezoning action set forth herein in accordance with the requirements and procedures mandated by State law. Now, therefore 3 be it 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 PD Property as well as the recitals (whereas clauses) to this Ordinance. (b). The approval set forth in this Ordinance is subject to the specific conditions that are set forth subsequently ini this Ordinance and the Property Owner has agreed that no requirement herein lacks an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the City seeks to avoid, minimize, or mitigate. (c). The City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. (d). This Ordinance is consistent with the goals, objectives and policies of the 3IPage Comprehensive Plan of the City of Sanford. Section 2. Rezoning Of Propervylmplementing Actions; The Seminole (a), Upon enactment oft this Ordinance the PD Property, as depicted in the map attached to this Ordinance, shall be rezoned to the Seminole Storage Units 3PD. Storage Units 3PD. (b). The City Manager, or designee, is hereby authorized to execute any documents necessary to formalize approval of the rezoning action taken herein with regard to the Seminole Storage Units 3 PD 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 and as set forth herein. (c). The conditions to be incorporated into the pertinent non-statutory development agreement relating to the action taken in this Ordinance include the following: (1). Pursuant to Section 4.3.G of the City's LDRS, this rezoning shall expire 3 years from the effective date of this Ordinance if all improvements have not been completed or an extension granted; provided, further, however, that upon expiration, the property shall revert back to its prior zoning districtclassification and; provided, further, however, that no extension may be granted after expiration. (2). Unless specifically requested and approved on the PD Master Plan, any required elements missing from or not shown on the Seminole Storage Units 3 PD Master Plan or associated PD documents shall comply with and default to the regulations in the City's LDRS. 4Page (3). All permitted uses shall be consistent with permitted uses allowed in the General Commercial (GC-2) zoning districlclassification. (4). All conditional uses except for outdoor commercial amusements will require a separate conditional use development order approval.. (5). A development plan prepared and sealed by a licensed Florida, professional engineer meeting the requirements oft the City's Land Development Regulations must be submitted and approved prior to any construction on site. (6). A decorative and functional fountain shall be installed in all wet retention ponds as part of development approval which approval shall provide for ongoing maintenance requirements and responsibilities upon the appropriate party, but not the City. (7). The Property Owner shall file a Federal Aviation Administration Form 7460, and such other documents of related effect, with the Sanford Airport Authority and provide to the City written acknowledgement of receipt and determination of no objection from the Sanford Airport Authority prior to any development approvals. (8). Ifo City staff, by means of a determination or determinations by the City's Administrative Official, and the Property Owner are unable to agree tot the details oft this Ordinance ort the implementing PD non-statutory development agreement in any way, the matter will be submitted to the Planning and Zoning Commission for resolution at a public hearing, and 5Page the matter will be adjudicated by means of a development order or denial development order relating thereto. (9). Ina agreeing to the above conditions in the subsequent PD development agreement, the Property Owner shall agree that, in accordance with the provisions of Section 70.45, Florida Statutes, pertaining to governmental exactions, the City has not imposed any prohibited exaction. The term "prohibited exaction" is defined by that statute to mean' ".. any condition imposed by a governmental entity ona property owner's proposed use of real property that lacks an essential nexus to a legitimate public purpose and is not roughly proportionate to the impacts of the proposed use that the governmental entity seeks to avoid, minimize, or mitigate." Section 3. Incorporation Of Documents And Seminole Storage Units 3PD The documents attached to this Ordinance are hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance establishing the Master Plan For The Seminole Storage Units 3 PD. Seminole Storage Units 3 PD. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. Section 5. Severability. Ifany section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to 6IPage 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; Implementation. (a). This Ordinance shall not be codified in the City Code oft the City of Sanford ort 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. Typographical errors and other matters/Scriveners errors of a similar nature that do not affect the intent of this Ordinance, as determined by Administrative Official, in conjunction with the City Clerk and City Attorney, may be corrected without the need for a public hearing. (b). The City Manager, or designee, shall implement the provisions of this Ordinance by means ofanon-statutory development agreement which shall be executed by the Property.Owner, or their successor(s) in interest within 60 days of the effective date of this Ordinance or the PD Property's zoning classification shall revert to an un-zoned property status. Further, if, pursuant to Section 4.3.G of the City's LDRS, this rezoning expires in 3 years from the effective date of this Ordinance due to all improvements having not been completed or an extension granted; then the property shall revert to the prior zoning districtclassification assigned to the property with the entitlements set forth therein if consistent with the goals, objectives and policies of the City's Comprehensive Plan. (c). The non-statutory development agreement referenced in Subsection (b).of this Section shall be and constitute a development order and shall not create contractual rights of the Property Owner against the City nor contractual obligations oft the City toi the 7Page Property Owner and, to that end, the Property Owner shall have no contractual rights or remedies against the City with regard to any land use action of the City. (d). The City has not waived any rights or remedies by taken the action set forth herein ori in the implementing development agreement and 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 and, further, all matters set forth herein may be enforced by any code enforcement process available to the City under the provisions of controlling law. Section 7. Effective Date. This Ordinance shall take effect upon enactment. Passed and adopted this day of 2024. Attest: City Commission of the City of Sanford, Florida Traci Houchin, MMC, FCRM Art Woodruff Mayor City Clerk Approved as to form and legal sufficiency. William L. Colbert City Attorney 8/Page ITY OF SANFORD 187 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 ordinance is published. An ordinance of the City of Sanford, Florida providing for the rezoning of a parcel of real property totaling approximately 12.53 acres in size located at 3992 East Lake Mary Boulevard and assigned Tax Parcel Identification Numbers 03-20-31-5AY-0000-27A0 032031-SAY-00027A1 03-20-31- SAY-0000-26A2 by the Seminole County Property Appraiser which property is located within the Sanford City Limits (map of the PD property is attached) from Agriculture (AG) to Planned Development (PD); providing for findings and intent; providing for the taking of implementing administrative actions; providing for the adoption of a map by reference; providing for conflicts; providing for severability; providing for non-codification and the correction of scrivener's errors and providing for an effective date and potential reversion. The City is of the view that the following exception(s) to the Business Impact Estimate requirement, that are checked offi inabox 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 ordinance. 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 regulation; financial assistance accepted by the The proposed ordinance is an emergency ordinance; The ordinance relates to procurement; or The proposed ordinance is enacted to implement the following: 1Page 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 Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating toi the Florida Fire Prevention Code. In accordance with the provisions of controlling law, even notwithstanding the fact that, an exemption noted above may apply, the City hereby publishes thet following information: 1.S 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. 2.E Estimate of direct economic impact of the proposed ordinance on private, for-profit development districts; such as serving the public health, safety, morals, and welfare): businesses in the City: None. 3. Estimate of direct compliance costs that businesses may reasonably incur: None. 4. Any new charge or fee imposed by the proposed ordinance: None. 5. Estimate of the City' s regulatory costs, including estimated revenues from any new The effect oft the proposed ordinance, which was enacted upon application by the property owner, should enhance the economic goals and investment backed expectations of the charges or fees to cover such costs: property owner. 2/Page 6.G Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: None. 7.Additional information Reference to the City staff report/agenda memorandum and the public hearings on the proposed ordinance may be of assistance. 3Page