HomeMy WebLinkAbout4379 PD Rezone 343 Monroe RdOrdinance Number 2016-4379
An ordinance of the City of Sanford, Florida relating to the amend the
DeBoer Planned Development (PD) approved by Ordinance Number
3774 and create and establish the Ganesh North PD; providing for the
rezoning of real property located at 343 Monroe Road and assigned
the following Tax Parcel Identification Numbers by the Seminole
County Property Appraiser: 16-19-30 -5AC-0000-081 0,
16-19-3O-5AC-0000-0820,16-19-30-5AC-0000-082A,16-19-30-5AC-0000-
082B and 16-19-30-5AC-0000-082C all properties located within the
City Limits (map of the property attached) from the existing PD and
AG, Agriculture, to a PD to be known as the Ganesh North PD subject
to specific requirements and conditions; providing for a means of
conflict resolution by the Planning and Zoning Commission;
providing for the taking of implementing administrative actions;
providing for the adoption of a map and PD master plan by reference;
providing for conflicts, but providing for a PD amendment and
harmonization with prior actions by the City; providing for
severability; providing for non-codification and providing for an
effective date.
Whereas, Ganesh Holdings North LLC (c/o Mr. Kiran Nathoo) is the owner of
certain real property within the City Limits of the City of Sanford (assigned the following
Tax Parcel Identification Numbers by the Seminole County Property Appraiser:
16-19-30-5AC-0000-0810,16-19-30-5AC-0000-0820,16-19-30-5AC-0000-082A, 16-19-3
0-5AC-0000-082B and 16-19-30-5AC-0000-082C) and it applied to the City of Sanford,
pursuant to the controlling provisions of State law and the Code of Ordinances of the City
of Sanford, to have the property rezoned to the Planned Development ("PD") zoning
classification from the existing PD and AG, Agriculture, zoning classifications; and
Whereas, the subject property to be added to the PD is 0.462 acre in size,
which results in DeBoer PD (located at 343 Monroe Road as approved by Ordinance
Number 3774), when merged with the subject property, the PD totaling 15.8 acres in size;
Whereas, the existing DeBoer PD, together with the additional acreage, shall
be known as the Ganesh North PD; and
Whereas, the City Commission enacted Ordinance Number 3774 on February
24, 2003 establishing the DeBoer Industrial Park PD and its associated Master Plan
which generally established land uses consistent with the RI-1, Restricted Industrial,
zoning district pursuant to Schedule B of the City's Land Development Regulations
(LDR); and
Whereas, the applicant for this action is Mr. Robert VonHerbulis of McKee
Construction Company which is located at 790 Monroe Road in the City of Sanford; and
Whereas, the proposed use of the subject property for a mixed use
commercial/industrial development would be consistent with the intent and purpose of
the land use designations assigned to the subject property under the provisions of the
City's Comprehensive Plan and Future Land Use Map; and
Whereas, the proposed use of the subject property is for a PD allowing all
permitted uses allowed in RI-1 and the GC-2 zoning districts with development of the site
infrastructure in one phase followed by the construction of a total of four flex space
buildings and one office /warehouse building totaling approximately 257,500 square feet
at buildout; and
Whereas, the City's Planning and Development Services Department has
conducted a 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, policies and objectives
of the Comprehensive Plan of the City of Sanford, the City's LDR, and the controlling
provisions of State law; and
2 1 P u a e
Whereas, on June 2, 2016 the Planning and Zoning Commission
recommended that the City Commission approve the rezoning request and
recommended that such approval be subject to numerous conditions; and
Whereas, the City staff, recommended approval of this Ordinance subject to
normative development detailed development requirements and conditions some of
which, if not later resolved, shall be subject to resolution by the Planning and Zoning
Commission and normative administrative and appeal processes and procedures
relating thereto; and
Whereas, the City Commission has determined that the proposed rezoning of
the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the City's LDR, and the controlling provisions of State law; and
Whereas, the applicant and the City Commission of the City of Sanford, Florida
has taken all actions relating to the PD rezoning action set forth herein in accordance with
the requirements and procedures mandated by State law and controlling City codes and
ordinances.
Now, therefore, 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 subject
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 in 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
Comprehensive Plan of the City of Sanford.
."D
Section 2. Rezoning of real property /implementing actions; Ganesh North
(a). Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the existing PD and the AG, Agriculture,
zoning classification to the Ganesh North PD zoning classification consistent with the
provisions of this Ordinance.
(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 Ganesh North 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 development order
relating to the action taken in this Ordinance include the following:
(1). Pursuant to Section 4.3.G of the City Code of the City of Sanford
(containing the LDR), this rezoning shall expire 3 years from the effective date of this
Ordinance if all improvements have not been completed or an extension granted.
(2). All development shall be consistent with the Ganesh PD Master Plan, dated
as received by the City on May 31, 2016, unless otherwise specifically set forth any
associated development order; provided, however, that all subsequent development
4(11t
orders shall be consistent with the provisions of this Ordinance.
(3). All land use activities conducted on site shall be in accordance with
Schedule B — Permitted Uses, LDR for GC -2, General Commercial and RI -1, Restricted
Commercial zoning with the exception that no vehicular land uses shall be permitted on
site. The less restrictive requirement for establishment of any specific land use category
shall prevail on any given use. If a conditional use approval is required in both zoning
districts, then a conditional use approval is required to establish the use.
(4). All activities shall be conducted indoors, including any storage or assembly
unless approved in accordance with Schedule B — Permitted Uses, LDR.
(5). All signs on site shall be subject to an approved comprehensive sign plan
as established in Schedule K, Sign Regulations, LDR.
(6). Appropriate buffers by means of decorative walls or evergreen shrubs shall
be provided to minimize impacts on any adjacent residential uses all as determined by
the City.
(7). Unless otherwise specified on the Ganesh North PD Master Plan, all
development shall comply with setback and buffer requirements set forth in Schedule J,
Landscape, Buffer and Tree Requirements, LDR.
(8). All requirements relating to wetland and tree mitigation as established in the
City's LDR shall be met prior to development of the site.
(9). If determined to be required and prior to any issuance of a site development
permit relating to the subject property, acceptable fencing around the property shall be
submitted for City staff approval.
(10). A minimum 10 foot right of way dedication or easement shall be provided
along Narcissus Avenue as required by Seminole County or the City of Sanford at such
5 111cb �.
time road improvements become necessary.
(11). The following design elements will be considered during the development
plan review:
(A). Site improvements may include the incorporation of low impact
development (oftentimes referred to as "LID") techniques and crime prevention through
environmental design (oftentimes referred to as "CPTED") guidelines.
(B). Elements of buildings may be constructed incorporating Leadership in
Energy and Environmental Design (oftentimes referred to as "LEED"), Florida Green, or
such other equivalent energy savings standards as may be approved by the City.
(C). Unless specifically requested and approved on the referenced Ganesh
North PD Master Plan, any required elements missing from or not shown on the Ganesh
North PD Master Plan shall comply with the City's LDR.
(D). A decorative and functional fountain shall be installed and maintained in all
wet retention ponds all as approved by the City.
(12). Any dispute relative to the following matters shall be resolved by the
Planning and Zoning Commission, after a public hearing, by means of a development
order or denial development order relating thereto.
Section 3. Incorporation of map and PD Master Plan for Ganesh North PD.
The map attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance establishing the
Ganesh North PD. The City's actions in enacting Ordinance Number 3774 and the
implementation thereof by the City are likewise ratified and affirmed.
6 11-1 a g e
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed. City staff shall harmonize the approval and actions set forth herein together
which those taken relative to the DeBoer PD approved by Ordinance Number 3774.
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; Implementation.
(a). This Ordinance shall be not be codified in the City Code of the City of
Sanford or the Land Development Code of the City of Sanford (LDR); 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.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a development agreement which shall be executed by the
Property Owner within 60 days of the effective date of this Ordinance or the subject
property's zoning classification shall revert to the zoning classification that was in place
for the subject property prior to the approval of the Ganesh North PD.
Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 27th day of June, 2016.
Attest: City Commiss on of the City of
Sanford, F,Yoridk\
Cynthia Porter, City Clerk Jeff Trip
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
8 1Pa-
18 -1
CITY COMMISSION MEMORANDUM 16.214
.TUNE 27, 20'16 AGENDA
To:
PREPARED BY:
SUBMITTED BY:
SUBJECT:
WS— RM X
Item No. -7.6
Honorable Mayor and Members of the City Commission
Cynthia Porter, City Clerk
Russell Gibson, AICP – PllAing &
Norton N. Bonaparte, Jr., City ManE
Amend the existing DeBoer PD by
parcel currently zoned AG, Agricult
acres as the Ganesh North PD
Director
id rezoning a 0.462 acre
renaming the entire 15.80
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.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4379, to rezone a 0.462 acre parcel at 343 Monroe Road from AG, Agriculture to
PD, Planned Development and amend the approved DeBoer Industrial Park PD Master Plan by
adding the 0.462 acre parcel to the DeBoer PD to create the Ganesh North PD Master Plan, is
being submitted for second reading and adoption.
The property owner is Ganesh Holdings North, LLC. The applicant, Robert VonHerbulis of
McKee Construction Company, accomplished the Citizens Awareness Participation Plan.
The Affidavit of Ownership and Designation of Agent form is attached and other information is
available in order to ensure that all potential conflicts of interests are capable of being discerned.
FISCALISTAFFING STATEMENT:
Based on the Seminole County Property Appraiser's 2015 property tax roll, the existing vacant
0.462 acre property to be rezoned has an assessed value of $13,860 and a total tax bill of $282.
When adding the new parcel to the DeBoer PD to create the mixed use commercial /industrial
Ganesh PD Master Plan, the total assessed value for the overall 15.8 acre project is $988,954,
generating a total tax bill of $20,127. The rezoning and addition of the property to the DeBoer PD
Page I of 5
to create Ganesh North PD Master Plan, will further facilitate new non - residential construction
and additional tax revenue to the City.
BACKGROUND:
The subject property, addressed as 343 Monroe Road, is located on the northeast corner of
Narcissus Avenue and Monroe Road.
The Sanford City Commission adopted Ordinance No. 3774 on February 24, 2003, establishing
the DeBoer Industrial Park PD Master Plan. The approved PD generally established land uses
consistent with the RI -1, Restricted Industrial zoning district pursuant to Schedule B of the City's
Land Development Regulations.
The underlying Future Land Use is WIC, Westside Industry and Commerce, which is a mixed use
designation intended to promote the development of employment centers in the vicinity of the
West SR 46 corridor and the commuter rail station. The corridor's proximity to I -4 as well as SR
46 and the SunRail commuter line provides access to regional markets and a substantial labor
force. The CSX Main Rail Line also provides a transportation amenity of regional significance.
The WIC designation permits both a vertical and horizontal land use mix of commercial, office,
residential and the maximum intensity for commercial, office and industrial development as a floor
area ratio of 0.50. The maximum residential density shall be 20 dwelling units per acre. The
breakdown of the WIC, Westside Industry and Commerce is as follows:
The creation of the Ganesh North PD Master Plan, which is proposed to be a mixed use
commercial /industrial development, would be consistent with the intent and purpose of the WIC,
Westside Industry and Commerce designation.
To promote Westside Industry and Commerce, new development shall be required to address
infrastructure needs, provision of services, development phasing, development intensity and land
use compatibility as part of an integrated design scheme which includes very detailed strategies
and techniques for resolving development impacts. Planned Development proposals in the WIC
area may be the subject of negotiated development agreements.
All new development in the Westside Industry and Commerce Area shall comply with the
following:
• Requirements and procedures for obtaining a WIC mixed use Future Land Use Map
designation and appropriate zoning;
• Standards for controlled access and internal circulation, including cross access easements
and joint use of driveways;
• Development standards for Gateway Corridor Development Districts; including
requirements for buffer yards, landscaping, and screening, off - street parking and signage;
and
Planning and management criteria regulation the land use mix, intensity, and qualitative
standards for assuring land use compatibility and consistency with the Comprehensive
Plan.
Page 2 of 5
0.5 FAR
0.50 FAR
20 du /acre
Mixed Use
Westside Industry
WIC
15%150%
30%175%
10% / 40%
Districts
& Commerce
The creation of the Ganesh North PD Master Plan, which is proposed to be a mixed use
commercial /industrial development, would be consistent with the intent and purpose of the WIC,
Westside Industry and Commerce designation.
To promote Westside Industry and Commerce, new development shall be required to address
infrastructure needs, provision of services, development phasing, development intensity and land
use compatibility as part of an integrated design scheme which includes very detailed strategies
and techniques for resolving development impacts. Planned Development proposals in the WIC
area may be the subject of negotiated development agreements.
All new development in the Westside Industry and Commerce Area shall comply with the
following:
• Requirements and procedures for obtaining a WIC mixed use Future Land Use Map
designation and appropriate zoning;
• Standards for controlled access and internal circulation, including cross access easements
and joint use of driveways;
• Development standards for Gateway Corridor Development Districts; including
requirements for buffer yards, landscaping, and screening, off - street parking and signage;
and
Planning and management criteria regulation the land use mix, intensity, and qualitative
standards for assuring land use compatibility and consistency with the Comprehensive
Plan.
Page 2 of 5
The proposed development will be mixed use commercial /industrial allowing all permitted uses
allowed in the RI -1 and GC -2 zoning districts. The property is vacant. The applicant is proposing
to develop the site infrastructure in one phase followed by the construction of a total of four flex
space buildings and one office /warehouse building totaling approximately 257,500 square feet at
buildout.
The rezone of the 0.462 acre parcel from AG, Agriculture to PD, Planned Development and
incorporation into the existing PD supports the Redevelop and Revitalize Disadvantaged
Communities strategic priority. The property is vacant and the applicant is proposing a mixed use
commercial /industrial development which could generate growth and revenue for the City.
On June 2, 2016, the Planning and Zoning Commission reviewed the request and recommended
the City Commission adopt an Ordinance to rezone a 0.462 acre parcel from AG, Agriculture to
PD, Planned Development and amend the approved DeBoer Industrial Park PD Master Plan by
adding the 0.462 acre parcel to the DeBoer PD to create the Ganesh North PD Master Plan subject
to a Development Order with the conditions as recommended by staff.
The City Commission approved the first reading of Ordinance No. 2016 -4379 on June 13, 2016.
The City Clerk published notice of the public hearing in the Sanford Herald on June 12, 2016.
LEGAL, REVIEW:
The City Attorney has reviewed the staff report and has noted the following: Section 166.033,
Florida Statutes, provides as follows (please note emphasized text):
"(1) When reviewing an application for a development permit 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. Before
a third request for additional information, the applicant must be offered a meeting to attempt
to resolve outstanding issues. Except as provided in subsection (4), 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.
(2) When a municipality denies an application for a development permit, 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.
(3) As used in this section, the term "development permit" has the same meaning as in s.
163.3164, but does not include building permits.
(4) 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
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.
(5) Issuance of a development permit by a municipality does not in any way 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
Page 3 of 5
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.
(6) 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).
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 Planning and Zoning Commission in the event of such occurrence. Accordingly, any motion
to deny must state, with particularity, the basis for the proposed denial.
The term "development order" is 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).
RECOMMENDATION:
Staff, together with the Planning and Zoning Commission (P &ZC), recommends that the City
Commission approve to rezone 0.462 acre parcel from AG, Agriculture to PD, Planned
Development and to amend the approved DeBoer Industrial Park Planned Development Master
Plan by adding the 0.462 acre to the DeBoer PD to create the Ganesh North PD Master Plan, as
recommended by staff subject to a Development Order that includes all recommended conditions:
1. Pursuant to Section 4.3.G of the Land Development Regulations (LDR) of the City of
Sanford, this rezoning shall expire 3 years from the effective date of this Ordinance if all
improvements have not been completed or an extension granted.
2. All development shall be consistent with the Ganesh PD Master Plan, dated as received by
the City on May 31, 2016, unless otherwise specifically set forth any associated
development order; provided, however, that all subsequent development orders shall be
consistent with the provisions of this Ordinance.
3. All land use activities conducted on site shall be in accordance with Schedule B — Permitted
uses, Sanford LDR for GC -2, General Commercial and RI -1, Restricted Commercial
zoning with the exception that no vehicular land uses shall be permitted on site. The less
restrictive requirement for establishment of any specific land use category shall prevail on
any given use. If a Conditional Use approval is required in both zoning districts, then a
conditional use approval is required to establish the use.
Page 4 of 5
4. All activities shall be conducted indoors, including any storage or assembly unless
approved in accordance with Schedule B, Permitted Uses, LDR.
5. All signs on site shall be subject to an approved comprehensive sign plan as established in
Schedule K, Sign Regulations, LDR.
6. Appropriate buffers by means of decorative walls or evergreen shrubs shall be provided to
minimize impacts on any adjacent residential uses as determined by the City.
7. Unless otherwise specified on the Ganesh North PD Master Plan, all development shall
comply with setback and buffer requirements set forth in Schedule J, Landscape, Buffer
and Tree Requirements, LDR.
8. All requirements relating to wetland and tree mitigation as established in the City's LDR
shall be met prior to development of the site.
9. If determined to be required and prior to any issuance of a site development permit relating
to the subject property, acceptable fencing around the property shall be submitted for City
staff approval.
10. A minimum 10 foot right of way dedication or easement shall be provided along Narcissus
Avenue as required by Seminole County or the City of Sanford at such time road
improvements become necessary.
11. The following design elements will be considered during the development plan review:
a. Site improvements may include the incorporation of low impact development
(oftentimes referred to as "LID ") techniques and crime prevention through
environmental design (oftentimes referred to as "CPTED ") guidelines.
b. Elements of buildings may be constructed incorporating Leadership in Energy and
Environmental Design (oftentimes referred to as "LEER "), Florida Green, or such
other equivalent energy savings standards as may be approved by the City.
c. Unless specifically requested and approved on the referenced PD Master Plan, any
required elements missing from or not shown on the PD Master Plan shall comply
with the City's LDR.
d. A decorative and functional fountain shall be installed and maintained in all wet
retention ponds.
12. Any dispute relative to the aforementioned matters shall be resolved by the Planning and
Zoning Commission, after a public hearing, by means of a development order or denial
development order relating thereto.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2016 -4379 to rezone 0.462 acre parcel from AG, Agriculture to
PD, Planned Development and to amend the approved DeBoer Industrial Park Planned
Development Master Plan by adding the 0.462 acre to the DeBoer PD to create the Ganesh North
PD Master Plan, as recommended by Staff and the Planning and Zoning Commission, based on
the request being consistent with the Future Land Use designation."
Attachments: Project Information Sheet
Site Vicinity Map /Aerial Map
Affidavit of Ownership
Ordinance No. 3774 with Original Master Plan & DO
CAPP Summary
Ordinance No. 2016 -4379
Ganesh North PD Master Plan
Page 5 of 5
• , PROJECT INFORMATION - 343 MONROE ROAD
PD REZONE AND AMENDMENT
Requested Action: Amend the DeBoer Industrial Park Planned Development Master Plan by Rezoning a 0.462 acre
parcel from AG, Agriculture to PD, Planned Development and adding it to the DeBoer PD to create
the Ganesh North PD Master Plan, a 15.8 acre mixed use commercial /industrial development.
Proposed Use: Mixed Use Commercial /Industrial
Project Address: 343 Monroe Road
Current Zoning: AG, Agriculture and PD, Planned Development
Tax Parcel Numbers: 16 -19 -30 -5AC -0000 -0810, 16 -19 -30 -5AC- 0000 -0820, 16 -19 -30 -5AC- 0000 -082A,
16 -19 -30 -5AC- 0000 -082B, 16- 19- 30- 5AC - 0000 -082C
Site Area: 15.8 Acres
Existing Buildings: Vacant
Property Owner: Ganesh Holdings North LLC
Attn: Kiran Nathoo
5700 Dot Com Ct, STE 100
Oviedo, FL 32765
Applicant/Agent McKee Construction Company
Robert VonHerbulis
790 Monroe Road
Sanford, FL 32771
Commission District: District 2 — Commissioner Velma Williams
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: PD, Planned Development
Existing Land Use: Vacant
Surrounding Uses and Zoning:
CONCURRENCY
Zoning
PD, Planned Development
A -1, Agriculture (County)
PD, Planned Development
AG, Agriculture
AG, Agriculture and A -1, Agriculture (County)
Concurrency is a finding that public facilities and services necessary to support a proposed development are available,
or will be made available, concurrent with the impacts of the development. An assessment will be made at the
development review stage.
TADevelopment Review \03 -Land Development\2016 \343 Monroe Road - Ganesh \CC - Ganesh \PROJECT INFO - Updated - Ganesh- 343 Monroe Rd.doc
Page I of I
Uses
North
Industrial
South
Single Family Residential (County)
Vacant (County), Vacant (City)
East
Warehouse
West
Residential, Single Family, Commercial
and Vacant
CONCURRENCY
Zoning
PD, Planned Development
A -1, Agriculture (County)
PD, Planned Development
AG, Agriculture
AG, Agriculture and A -1, Agriculture (County)
Concurrency is a finding that public facilities and services necessary to support a proposed development are available,
or will be made available, concurrent with the impacts of the development. An assessment will be made at the
development review stage.
TADevelopment Review \03 -Land Development\2016 \343 Monroe Road - Ganesh \CC - Ganesh \PROJECT INFO - Updated - Ganesh- 343 Monroe Rd.doc
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Maronda
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Seminole Trace
Apartments
Aldi
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0
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0
2
Site
343 Monroe Road
Parcel No: 16 -19 -30 -5AC- 0000 -0810
16 -19 -30 -5AC- 0000 -0820
16 -19 -30 -5AC- 0000 -082A
16- 19 -30- 5AC -0000 -0826
16- 19 -30- 5AC - 0000 -082C
W
SITE
W 1ST ST
Stratford
Point
Apartments
i , OF OWNERSHIP D DESIGNATION OF AGENI
Please use additional sheets as needed. if any additional sheets are attached to this document, please sign here and note below:
I. Ownership
1, Kiran Nathoo , hereby attest to ownership of the property described below:
Tax Parcel Number(s): 16-19- 30 -5AC -0000 -0$20
Address of Prooertv: Monroe Road Sanford, Florida 32771
for which this PD Rezone Application application is submitted to the City of Sanford.
II. 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.
Applicant's Agent (Print): Robert F. Vonlierbulis
R d
S f d 1=1 'd 32771
Agent Address: 790 Monroe oa an Or , on a
Signature:
Email: Joe @mckeegc.com / bobbyv @mckeega.com Phone: 407 323 1150
Ill. Notice to Owner
Fax; 407 323 9304
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. (Le.: 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)
o individual o Corporation o Land Trust o Partnership a Limited Liability Company
o Other (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, fist 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:
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 LLb: Ganesh Holdings North, LLC
6. in the circumstances of a gf, no tract 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 TiTLEIOFFICERRUSTEE ADDRESS % OF
OR BENEFICIARY INTEREST
(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. i 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.
tC
Dam , Ap leant Signature
STATE OF FLORIDA
COUNTY OF Seminole
Sworn to (or affirmed) and subscribed before me by 'A;"�
on this day of 20���
t
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A N ( 'J - .. , r44'� Kathryn Bowen
Signature o NtSry=Public Print, Type or Stamp Name of Notary Public
KATiiRYN BOWEN
NOTARY PUBLIC
Personally Known X OR Produced Identification _ STATE OF FLORIDA
Type of Identification Produced Cow FFi40974
Expires 1 8
AMiftvit of Ownership - January 2016
ORDINANCE NO. 3774
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
AMENDING ORDINANCE NO. 3117 OF SAID CITY; SAID
ORDINANCE BEING A ZONING PLAN; SAID AMENDMENT
TO CHANGE THE ZONING OF 16.29 ACRES OF
PROPERTY LYING BETWEEN IOWA AVENUE AND
NARCISSUS AVENUE AND BETWEEN OLD MONROE
ROAD AND CR-15, FROM AG, AGRICULTURE, TO PD,
PLANNED DEVELOPMENT; PROVIDING FOR
SEVERABILITY, CONFLICTS AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SECTION 1: That Ordinance No. 3117 of the City of Sanford, Florida passed and
adopted July 27, 1992, said Ordinance being the Comprehensive Zoning Ordinance of the
City of Sanford, Florida, regulating and restricting the location and use of buildings,
structures, land, and water for trade, industry, residence or other purpose, be and the
same is hereby amended as follows:
SEE EXHIBIT "A" ATTACHED HERETO.
be and the same is hereby rezoned to PD, Planned Development zoning district and the
Planned Development Master Plan is attached as Exhibit "B" is included herein by
reference as if fully set forth herein.
SECTION 2: The rezoning action herein is subject to the conditions provided for
and agreed to in the Development Order # 03-0003.
SECTION 3: Severabillity. If any section or portion of a section of this Ordinance
proves to be invalid, unlawful or unconstitutional it shall not be held to impair the validity,
force or effect of any other section or part of a section of this Ordinance.
SECTION 4: Conflicts,. That all ordinances or parts of ordinances in conflict
herewith be and the same are hereby revoked.
SECTION 5: Effective Date. That this Ordinance shall become effective
immediately upon the execution and recording of the Development Order referenced
above, provided that said Development Order is fully executed and delivered to the City
Clerk for recording within ninety (90) days of the date of adoption of this ordinance,
otherwise this ordinance shall be null and void and of no force and effect.
PASSED AND ADOPTED this�0 day of \AA LuLvz��, A.D., 2003.
t�
ATTEST:
&U' Viol W
As the Cify Commission of the
City of Sanford, Florida
CERTIFICATE
1, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
that a true and correct copy of the foregoing Ordinance No. 3774, PAS 4 P AND
ADOPTED by the City Commission of the City of Sanford, Florida, on the,:. � day of
2003, was posted at the front door of the City Hall in the City of Sanford,
Florida, on t 'I'day of -4-Z' 61 2003.
4the City Clerk of the City
of Sanford, Florida
- -2 --
Ordinance No. 3774
CERTIFICATE
11 Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify
on the day of qlY)V- CA_, 2003, that the fully executed Development Order
was received by me within ninety (90) days of the date of adoption-qf this ordinance and
said Development Order was recorded by me on rl'o--A [X —7 2003, in
0. R. Book 0 t {'7 Page Public Records of Seminole County, Florida,
(at a
As e City Clerk of the eity V
of Sanford, Florida
1:1Sharon120031Sanford\ordinances\3774 pd rezone.wpd
- -3 --
Ordinance No. 3774
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and will be developed consistent with and in compliance to applicable land development regulations 6
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and all other applicable regulations and ordinances.
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The owner of the property has expressly agreed to be bound by and subject to the
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development conditions and commitments stated below and has covenanted and agreed to have such o
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conditions and commitments run with, follow and perpetually burden the afore described property. 1
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ORDER M
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NOW, THEREFORE, it is ORDERED AND AGREED THAT: m
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(1) The aforementioned application for development approval is GRANTED.
CtP
Development Order No. 03 -0003 - DeBoer Industrial Park Page 1 of 3
7
CITY OF SANFORD DEVELOPMENT ORDER
No. 03 -0003
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On Tr bs-un c.► 'Vj ,3,oa3, City of Sanford issued this Development Order relating to
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and touching and concerning g the following described property:
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LOT 81 (LESS THE E 2'. "i ACRES) FLORIDA LAND & COLONIZATION CO LTD W BEARDALL'S MAP OF ST, JOSEPH'S ACCORDING TO
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THE PLAT THEREOF AS RECORDED IN PB 1, PG 114, PUBLIC RECORDS OF SEMINOLE COUNTY, FL AND ALSO: BEGIN 15 FT E OF
ID
THE INTERSECTION OF THE CENTERLINE OF PUBLIC HWY PLATTED ON THE W SIDE OF LOT 82 AND THE N LINE OF SAID LOT
FL LAND & COLONIZATION CO LTD W BEARDALL'S MAP OF ST. JOSEPH'S ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PB I PG 114, PUBLIC RECORDS OF SEMINOLE COUNTY, FL; THENCE WN E 155 FT, S 130 FT, W 155 FT, N 130 FT TO BEGINNING.
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AND ALSO: LOT 82, LESS THE S 5 ACRES (THE S/-). ALSO LESS THE N 130 FT OF THE W 310 FT, FL LAND & COLONIZATION CO LTD
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W BEARDALL'S MAP OF ST. JOSEPH'S, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PB 1 PG 114, PUBLIC RECORDS OF
SEMINOLE COUNTY, FL. SUBJECTTO: A BLANKETTYPE EASEMENTAS RECORDED IN O.R. BOOK 224, PAGES 210& 211 SEMINOLE
COUNTY, FLORIDA. AND ALSO: THE S ''A OF LOT 82, FL LAND & COLONIZATION CO LTD W BEARDALL'S MAP OF ST. JOSEPH'S
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ACCORDING TO THE PLAT THEREOF AS RECORDED IN PB 1 PG 114, PUBLIC. RECORDS OF SEMINOLE COUNTY, FLORIDA.
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(The aforesaid legal description has- -been provided
to the City of Sanford by the owner of the afore described property)
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FINDINGS OF FACT
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Property Owner: Keller Outdoor, Inc., 451 Monroe Road, Sanford, Florida 32771
Project Name /Address: DeBoer Industrial Park, - 343 Monroe Road
Parcel Number(s). 16 -19 -30 -5AC -0000 -0810, 16- 19- 30- 5AC - 0000 -082A
LY
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16- 19- 30- 5AC - 0000- 082B,16- 19 -30- 5AC - 0000 -082C
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Requested Development Approval: PD Rezone for the DeBoer Industrial Park
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The development approval Sought is consistent with the City of Sanford Comprehensive Plan
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and will be developed consistent with and in compliance to applicable land development regulations 6
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and all other applicable regulations and ordinances.
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The owner of the property has expressly agreed to be bound by and subject to the
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development conditions and commitments stated below and has covenanted and agreed to have such o
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conditions and commitments run with, follow and perpetually burden the afore described property. 1
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ORDER M
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NOW, THEREFORE, it is ORDERED AND AGREED THAT: m
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(1) The aforementioned application for development approval is GRANTED.
CtP
Development Order No. 03 -0003 - DeBoer Industrial Park Page 1 of 3
(2) All development shall fully comply with all of the codes and ordinances in effect in the
City of Sanford, Florida at the time of issuance of permits including all impact fee
ordinances.
(3) The conditions upon this development approval and the commitment made as to this
development approval, all ofwhich have been accepted by and agreed to by the owner
of the property are as follows:
(a) All development is to be generally in accordance with the PD Master
Plan for DeBoer Industrial Park dated January 3, 2003;
(b) All land uses activities on the property shall be consistent with the RI -1,
Restricted Industrial zoning classification; and
(c) All development shall be designed in accordance with the City of
Sanford's Land Development Regulations including any subdivision of
the property.
(4) This Development Order touches and concerns the afore described property and
the conditions, commitments and provisions of this Development Order shall
perpetually burden, run with and follow the said property and be a servitude upon and
binding upon said property unless released in whole or part by action of the City of
Sanford by virtue of a document of equal dignity herewith. The owner of the said
property has expressly covenanted and agreed to this provision and all other terms
and provisions of this Development Order.
(S) The terms and provisions of this Order are not severable and in the event any
portion of this Order shall be found to be invalid or illegal then the entire order shall
be null and void.
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Done and Ordered on the date first above. m
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As approved and authorized for execution by the City Commission o 3
at their g of E e b 2 , 2603. / 4- na
By: Date: � /' 9 d3 W W
Jay R. , AICP
it to f Planning and Community Developm t n
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Development Order No. 03 -0003 - DeBoer Industrial Park Page 2 of 3
OWNER'S CONSENT AND COVENANT
COMES NOW, L-hard S. Xe/ eC the owner(s) of the afore
described property in this Development Order, on behalf of itself and its heirs, successors, assigns
or transferees of any nature whatsoever and consents to, agrees with and covenants to performa and
fully abide by the provisions, terms, conditions and commitments set forth in this Development
Order.
Sign Name Here
Pnnt Name Here
Witness
Sign Name Here
Print Name Here
Witness
STATE OF FLORIDA
COUNTY OF SEMINOLE
gn Natne Here
Print Name Here
Owner
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and
County aforesaid to take acknowledgments, personally appeared R,C6a" f. KelleX, who
is ersonally known to m or who has produced as identification and
who did take an oath.
WITNESS my hand and official seal in the County and State last aforesaid this day o 'n
of � r
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c
N tary Public, in and for the County and @ 3
State aforementioned.
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F:.SHA_ENG:Development Revlew\08- pevetoptttant Onicrs,2003 }03 -6003 - DeStxr -343 Monroe.wpti
jON Miefittde wean
My cmmini" Dom = 0)
D B
a rd� Eras K%y 16, 2003
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Development Order No. 03 -0003 - DeBoer Industrial Park Page 3 of 3 N
5817
BPS
Seminole
Pointe
Apartments
X:
...........
..............
..........
cur---- Seminole County
oi
0
tOWA Av
Keller 1
Outdoor
REZONE
7- —
Eleven
PD Rezone (AG to PD)
343 Monroe Road
Parcel ID: 16-19-30-5AC-0000-0810
16-19-30-5AC-0000-082A
16-19-30-5AC-0000-0828
16-19-30-5AC-0000-082C
Representative: Thomas Daly
3900 Narcissus Ave
Claudette Behrens
Seminole County
it
--o", N
V,
KeKee
ONSTRUCTION CO.
GENERAL CONTRACT RS
Since 1973
May 17, 2016
Mrs. Eileen Hinson, AICP
Development Services Manager
Planning and Development Services
City of Sanford
300 North Park Avenue
Sanford, FL 32771-1244
Re: PD, Amendment for 343 Monroe Road
Parcel Numbers: 16-19-30-5AC-0000-08 10
16-19-30-5AC-0000-0820
16-19-30-5AC-0000-082A
16-19-30-5AC-0000-082B
16-19-30-5AC-0000-082C
Dear Mrs. Hinson,
This letter shall serve as our Final Report under a modified CAPP for the PD Amendment and
PD Rezone that are required for the Parcels listed above.
A letter explaining what is being done with these parcels was sent via US Mail on May 2nd to the
property owners on the list provided by the City of Sanford. A copy of this letter and the list of
property owners is attached for your reference.
I have received no questions or comments from any of the notified parties either verbally or in
writing as of today's date.
If you have any questions, please do not hesitate to contact me.
,,
Sincerely,,"",
Jb o Ni as
i ol
§,enior Estimator
McKee Construction Co.
790 Monroe Road o Sanford, Florida 32771
Phone (407) 323-1150 • Fax (407) 323-9304
www,mckeegc.com
CBC 048.972
HSTRUCTION CO.
- 5961Z
Since 1973
ffu MRIM
Dear Current Property Owner,
McKee Construction Co. would like to inform you of a proposed Planned Development
Amendment to approximately 15.7 acres and a Planned Development Rezone of approximately
.5 acres located on the northeast comer of Monroe Road and Narcissus Road. McKee
Construction will be submitting an application to amend the current PD to allow construction of
a commerce park that is within future land use regulations. The submittal of a PD Rezone for the
landlocked parcel is required to change the zoning from Agricultural to Planned Development.
McKee Construction Co. would like to address concerns or comments that you may have in
regards to this Amendment and Rezone. Shown below is a map of the property location.
Attached is a preliminary site plan. Please contact me at o c k n ck c,c tp
if you have any
questions in regards to our proposal.
Sincerely,
Joe Nicholas
Senior Estimator
McKee Construction Co.
790 Monroe Road Sanford, Florida 32771
Phone (407) 323-1150 • Fax (407) 323-9304
www,mckeegc.com
CBC 048972
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BEHRENS CLAUDETTE W TRUSTEE
FBO
306 W LAKEVIEW AVE
LAKE MARY, FL 32746
BELLE LLC
STE 100
530 S RONALD REAGAN BLVD
LONGWOOD, FL 32750
DABANIAN ROBERT C &
SHERRE V C
420 MONROE ROAD
SANFORD, FL 32771
GALLOWAY FRANCES E
PO BOX 470376
LAKE MONROE, FL 32747
GANESH HOLDINGS NORTH LLC
5700 DOT COM COURT
OVIEDO, FL 32765
HIGHMOOR LLC
1489 SHADEWELL CIR
LAKE MARY, FL 32746
KOHLER STEPHEN G &
LEE DOUGLAS
51 GRACIE RD
DEBARY, FL 32713
LAKE PHILIP K & PATRICIA B
PO BOX 470026
LAKE MONROE, FL 32747
LO BROS ENTERPRISES INC
751 GENERAL HUTCHINSON PKWY
LONGWOOD, FL 32750
NICHOLS ANDREW R & CRAWFORD
MARION N & NICHOLS ANNA ETAL
PO BOX 67
SANFORD, FL 32772
OLYMPIC ALAMEDA VENTURE LLC
PO BOX 11659
BEVERLY HILLS, CA 90213
OSTRANDER MARY B
2355 BROOKSHIRE AVE
WINTER PARK, FL 32792
PATEL RAMBHAI K & SAROJ LIFE
EST
349 MEADOW BEAUTY TER
SANFORD, FL 32771
SEMINOLE B C C
COUNTY SERV BLDG
1101 E 1ST ST
SANFORD, FL 32771
SEMINOLE CO STATE RD 46 LTD
CIO CONCORD MGMNT LTD
PO BOX 940279
MAITLAND, FL 32794
STRATFORD POINT LP
CIO ALLIANCE TAX ADVISORS
433 E LAS COLINAS BLVD
STE 300
IRVING, TX 75039
TAYLOR MORRISON OF FL INC
151 SOUTHALL LN
STE 200
MAITLAND, FL 32751
WADDLE TIMOTHY A & RHONDA J
1303 S SANFORD AVE
SANFORD, FL 32771
Ordinance Number 2016-4379
An ordinance of the City of Sanford, Florida relating to the amend the
DeBoer Planned Development (PD) approved by Ordinance Number
3774 and create and establish the Ganesh North PD; providing for the
rezoning of real property located at 343 Monroe Road and assigned
the following Tax Parcel Identification Numbers by the Seminole
County Property Appraiser: 16-19-30 -5AC-0000-0810,
16-19-30-5AC-0000-0820,16-19-3O-5AC-0000-082A, 1 6-19-3O-5AC-0000-
082B and 16-19-30 -5AC-0000-082C all properties located within the
City Limits (map of the property attached) from the existing PD and
AG, Agriculture, to a PD to be known as the Ganesh North PD subject
to specific requirements and conditions; providing for a means of
conflict resolution by the Planning and Zoning Commission;
providing for the taking of implementing administrative actions;
providing for the adoption of a map and PD master plan by reference;
providing for conflicts, but providing for a PD amendment and
harmonization with prior actions by the City; providing for
severability; providing for non - codification and providing for an
effective date.
Whereas, Ganesh Holdings North LLC (c/o Mr. Kiran Nathoo) is the owner of
certain real property within the City Limits of the City of Sanford (assigned the following
Tax Parcel Identification Numbers by the Seminole County Property Appraiser:
16-19-30-5AC-0000-0810,16-19-30-5AC-0000-0820,16-19-30-5AC-0000-082A, 16-19-3
0-5AC-0000-082B and 16-19-30 -5AC-0000-082C) and it applied to the City of Sanford,
pursuant to the controlling provisions of State law and the Code of Ordinances of the City
of Sanford, to have the property rezoned to the Planned Development ("PD") zoning
classification from the existing PD and AG, Agriculture, zoning classifications; and
Whereas, the subject property to be added to the PD is 0.462 acre in size,
which results in DeBoer PD (located at 343 Monroe Road as approved by Ordinance
Number 3774), when merged with the subject property, the PD totaling 15.8 acres in size;
Whereas, the existing DeBoer PD, together with the additional acreage, shall
I I P a g e
be known as the Ganesh North PD; and
Whereas, the City Commission enacted Ordinance Number 3774 on February
24, 2003 establishing the DeBoer Industrial Park PD and its associated Master Plan
which generally established land uses consistent with the RI -1, Restricted Industrial,
zoning district pursuant to Schedule B of the City's Land Development Regulations
(LDR); and
Whereas, the applicant for this action is Mr. Robert VonHerbulis of McKee
Construction Company which is located at 790 Monroe Road in the City of Sanford; and
Whereas, the proposed use of the subject property for a mixed use
commercial /industrial development would be consistent with the intent and purpose of
the land use designations assigned to the subject property under the provisions of the
City's Comprehensive Plan and Future Land Use Map; and
Whereas, the proposed use of the subject property is for a PD allowing all
permitted uses allowed in RI -1 and the GC -2 zoning districts with development of the site
infrastructure in one phase followed by the construction of a total of four flex space
buildings and one office /warehouse building totaling approximately 257,500 square feet
at buildout; and
Whereas, the City's Planning and Development Services Department has
conducted a 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, policies and objectives
of the Comprehensive Plan of the City of Sanford, the City's LDR, and the controlling
provisions of State law; and
21Paiy -e
Whereas, on June 2, 2016 the Planning and Zoning Commission
recommended that the City Commission approve the rezoning request and
recommended that such approval be subject to numerous conditions; and
Whereas, the City staff, recommended approval of this Ordinance subject to
normative development detailed development requirements and conditions some of
which, if not later resolved, shall be subject to resolution by the Planning and Zoning
Commission and normative administrative and appeal processes and procedures
relating thereto; and
Whereas, the City Commission has determined that the proposed rezoning of
the subject property as set forth in this Ordinance is consistent with the Comprehensive
Plan of the City of Sanford, the City's LDR, and the controlling provisions of State law; and
Whereas, the applicant and the City Commission of the City of Sanford, Florida
has taken all actions relating to the PD rezoning action set forth herein in accordance with
the requirements and procedures mandated by State law and controlling City codes and
ordinances.
Now, therefore, 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 subject
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 in this Ordinance and the Property Owner has agreed that
no requirement herein lacks an essential nexus to a legitimate public purpose and is not
31Pai�e
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
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of real property /implementing actions; Ganesh North
PD.
(a). Upon enactment of this Ordinance the property, as depicted in the map
attached to this Ordinance shall be rezoned from the existing PD and the AG, Agriculture,
zoning classification to the Ganesh North PD zoning classification consistent with the
provisions of this Ordinance.
(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 Ganesh North 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 development order
relating to the action taken in this Ordinance include the following:
(1). Pursuant to Section 4.3.G of the City Code of the City of Sanford
(containing the LDR), this rezoning shall expire 3 years from the effective date of this
Ordinance if all improvements have not been completed or an extension granted.
(2). All development shall be consistent with the Ganesh PD Master Plan, dated
as received by the City on May 31, 2016, unless otherwise specifically set forth any
associated development order; provided, however, that all subsequent development
4 1Paee
orders shall be consistent with the provisions of this Ordinance.
(3). All land use activities conducted on site shall be in accordance with
Schedule B — Permitted Uses, LDR for GC -2, General Commercial and RI -1, Restricted
Commercial zoning with the exception that no vehicular land uses shall be permitted on
site. The less restrictive requirement for establishment of any specific land use category
shall prevail on any given use. If a conditional use approval is required in both zoning
districts, then a conditional use approval is required to establish the use.
(4). All activities shall be conducted indoors, including any storage or assembly
unless approved in accordance with Schedule B — Permitted Uses, LDR.
(5). All signs on site shall be subject to an approved comprehensive sign plan
as established in Schedule K, Sign Regulations, LDR.
(6). Appropriate buffers by means of decorative walls or evergreen shrubs shall
be provided to minimize impacts on any adjacent residential uses all as determined by
the City.
(7). Unless otherwise specified on the Ganesh North PD Master Plan, all
development shall comply with setback and buffer requirements set forth in Schedule J,
Landscape, Buffer and Tree Requirements, LDR.
(8). All requirements relating to wetland and tree mitigation as established in the
City's LDR shall be met prior to development of the site.
(9). If determined to be required and prior to any issuance of a site development
permit relating to the subject property, acceptable fencing around the property shall be
submitted for City staff approval.
(10). A minimum 10 foot right of way dedication or easement shall be provided
along Narcissus Avenue as required by Seminole County or the City of Sanford at such
51PaL,e
time road improvements become necessary.
(11). The following design elements will be considered during the development
plan review:
(A). Site improvements may include the incorporation of low impact
development (oftentimes referred to as "LID ") techniques and crime prevention through
environmental design (oftentimes referred to as "CPTED ") guidelines.
(B). Elements of buildings may be constructed incorporating Leadership in
Energy and Environmental Design (oftentimes referred to as "LEED "), Florida Green, or
such other equivalent energy savings standards as may be approved by the City.
(C). Unless specifically requested and approved on the referenced Ganesh
North PD Master Plan, any required elements missing from or not shown on the Ganesh
North PD Master Plan shall comply with the City's LDR.
(D). A decorative and functional fountain shall be installed and maintained in all
wet retention ponds all as approved by the City.
(12). Any dispute relative to the following matters shall be resolved by the
Planning and Zoning Commission, after a public hearing, by means of a development
order or denial development order relating thereto.
Section 3. Incorporation of map and PD Master Plan for Ganesh North PD.
The map attached to this Ordinance is hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance establishing the
Ganesh North PD. The City's actions in enacting Ordinance Number 3774 and the
implementation thereof by the City are likewise ratified and affirmed.
61Paiy-e
Section 4. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed. City staff shall harmonize the approval and actions set forth herein together
which those taken relative to the DeBoer PD approved by Ordinance Number 3774.
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; Implementation.
(a). This Ordinance shall be not be codified in the City Code of the City of
Sanford or the Land Development Code of the City of Sanford (LDR); 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.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a development agreement which shall be executed by the
Property Owner within 60 days of the effective date of this Ordinance or the subject
property's zoning classification shall revert to the zoning classification that was in place
for the subject property prior to the approval of the Ganesh North PD.
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Section 7. Effective Date.
This Ordinance shall take effect immediately upon enactment.
Passed and adopted this 27th day of June, 2016.
Attest.
Cynthia Porter, City Clerk
Approved as to form and legal sufficiency.
William L. Colbert, City Attorney
City Commission of the City of
Sanford, Florida
Jeff Triplett, Mayor
81Page
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