HomeMy WebLinkAbout4602 Future Land Use 1200 Americana BoulevardOrdinance No. 2021-4602
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 2.3 acres in size and located at
1200 Americana Boulevard within the City Limits (maps
relating to the property are attached) (Tax Parcel
Identification Number 12-20-30-300-013A-0000)) said
property being more specifically described in this
Ordinance; providing for legislative findings and intent;
providing for assignment of the land use designation for
the property; providing for the adoption of maps by
reference; 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 the implementation of
the statutory expedited State review process and an
effective date.
Whereas, Mayfair Club LLC of Sanford is the owner of certain real property
which land totals approximately 2.3 acres in size; and
Whereas, the subject property is located at 1200 Americana Boulevard and is
assigned Tax Parcel Identification Number 12-20-30-300-013A-0000 by the Property
Appraiser of Seminole County; and
Whereas, the subject property is located at the east end of Americana
Boulevard, north of where the right of way ends at Logan Heights Apartments; and
Whereas, the proposed development is not located within a Planning Sub -
Area of the 2015 City of Sanford/Seminole County Joint Planning Agreement (JPA);
and
Whereas, Zachary Miller of Miller Construction Services, LLC, of Sanford,
applied, on behalf of the owner, 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
Future Land Use Map of the Future Land Use Element of the City of Sanford
Comprehensive Plan, as previously amended, relative to subject property be changed
from the assignment of the High Density Residential, HDR, future land use designation
to the General Commercial, GC, future land use designation; and
Whereas, the City of Sanford's Planning and Zoning Commission (P&ZC), as
the City's local planning agency, held a public hearing on April 1, 2021 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 as requested
by the property owner; and
Whereas, Section 163.3184(3), Florida Statutes, relates to the amendment of
adopted local government comprehensive plans and sets forth certain requirements
relating to an expedited process of State review of proposed amendments to local
government comprehensive plans and relates to processes and actions relating thereto;
Mrs
Whereas, the modified Citizen's Awareness Participation Plan (CAPP)
requirements of the City relative to the proposed amendment to the Comprehensive
Plan have been met by the applicant to the satisfaction of the City and the CAPP
procedures of the City have been adhered to and honored; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities and
general planning and land development issues should the subject application be
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approved and has otherwise reviewed and evaluated the application to determine
whether it comports with sound and generally accepted land use planning practices and
principles as well as whether the application is consistent with the goals, objectives and
policies set forth in the City's Comprehensive Plan and determined that the proposed
amendment of the City's Comprehensive Plan relative to the subject property as set
forth in this Ordinance is internally consistent with the Comprehensive Plan of the City
of Sanford and the controlling provisions of State law; and
Whereas, the City Commission concluded that the overall goals, objectives
and policies of the City's Comprehensive Plan and the controlling State law support the
approval of the application; 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 163.3184, Florida Statutes,
as well as other controlling law; and
Whereas, additionally, this Ordinance is enacted pursuant to the home rule
powers of the City of Sanford as set forth at Article Vill, Section 2, of the Constitution of
the State of Florida; Chapter 166, Florida Statutes, and other applicable controlling law.
Now, therefore, be in enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City Commission agenda memorandum relating to
the application relating to the proposed amendment to the City of Sanford
Comprehensive Plan pertaining to the subject property although rejecting the
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recommendation of the City staff as to the application.
(b). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(c). This Ordinance is internally consistent with the goals, objectives and
policies of the Comprehensive Plan of the City of Sanford.
(d). The exhibits to this Ordinance are incorporated herein as if fully set forth
herein verbatim.
Section 2. Amendment to Future Land Use Map.
(a). The Future Land Use Plan Element of the Comprehensive Plan of the City
of Sanford and the City's Future Land Use Map are hereby amended by assigning the
City of Sanford High Density Residential, HDR, future land use designation to the
General Commercial, GC, future land use designation with regard to the real property
which is the subject of this Ordinance as set forth herein.
(b). The property which is the subject of this Comprehensive Plan amendment
are more specifically defined, described and depicted in the exhibits to this Ordinance.
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. Incorporation Of Maps.
The maps attached to this Ordinance are hereby ratified and affirmed and
incorporated into this Ordinance as a substantive part of this Ordinance.
Section 5. Ratification Of Prior Actions.
The prior actions of the City Commission and its agencies in enacting and
causing amendments to the Comprehensive Plan of the City of Sanford, as well as the
implementation thereof, are hereby ratified and affirmed.
Section 6. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance proves to be
invalid, unlawful or unconstitutional, it shall not be held to impair the validitrdinorce or
effect of any other action or part of this Ordinance.
Section 7. Conflicts.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 8. Cod ification/I nstructions 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 Comprehensive 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 Comprehensive Plan amendment set forth herein shall not become
effective, in accordance with Section 163.3184(3), Florida Statutes, until 31 days after
the State land planning agency (Florida Department of Economic Opportunity) notifies
the City that the Plan amendment package is complete. If timely challenged, the Plan
amendment shall not become effective until the said State land planning agency or the
Administration Commission enters a final order determining the adopted amendment to
be in compliance.
Passed and adopted this loth day of May, 2021.
51
City Commission of the City of
Sanford, Florida
Attest:
Traci Ho6chin, MMC, ECRM,
City Clerk ",k4ayw
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Approved as to form and lega
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William L. Colbert, Esquire
City Attorney
61
City of Sanford Comprehensive Plan Amendment
Site: 1200 Americana Blvd
Parcel No: 12-20-30-300-013A-0000
Proposed Future Land Use: GC, General Commercial
2.30 Acres
Existing Land Use
Future Land Use
Streets
Streets
1200 Americana Blvd
1200 Americana Blvd
Commercial
General Commercial
Public
High Density Residential
Multi -family
I IN 11111/111/11 Resource Protection
Vacant
20
City of Sanford Department of Planning & Development Services, April 2021
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April 2021
Present Future Land Use
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Requested Future Land Use
o AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
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Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below:
I. Ownership
1, Zachary Miller for Mayfair Club hereby attest to ownership of the property described below:
Tax Parcel Number(s): 12-20-30-300-013A-0000
Address of Property- Americana Blvd. in Sanford, FL
for which this rezone and FLU amendment application is submitted to the City of Sanford.
1111. Designation of Applicant's Agent (leave blank if not applicable)
As the ownerlapplicant 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): Zachary Miller Signature:
Agent Address:. 8241 Via Bonita Sanford, FL
Email: millerconstruction@cfl.rr.com Phone: 407-792-3955
Ill. Notice to Owner
Fax: 407-264-6284
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. (i.e.: 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)
Individual Corporation a Land Trust ;-i
Partnership P Limited Liability Company
-- Other (describe):
1. List all naturalpersons who have an ownership interest in the property, which is the subject matter of this petition, by name and
address.
2. For each corporation, list 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 LLC: -Mayrfair Club
6. In the circumstances of a contract 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 TITLE1OFFICEITRUSTEE 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. 1 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 procure activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bir-W the Applicant endoi to the disclosures
herein. ;V
3-22-21
Date
STATE OF FLORIDA
COUNTY OF
Sworn to (or affirmed) and subscribed before me by _
on this day of 20—.
Signature of Notary Public
Personally Known OR Produced Identification —
Type of Identification Produced
Affidavit of Ownership - January 2015
Applicant Signature
Print, Type or Stamp Name of Notary Public
PROJECT INFORMATION — 1200 AMERICANA BOULEVARD
COMPREHENSIVE PLAN AMENDMENT
Requested Action: Amend the Future Land use designation from High Density Residential (HDR) to General
Commercial (GC) for 2.3 acres from at 1200 Americana Boulevard.
Proposed Use: Commercial
Project Address: 1200 Americana Boulevard
Current Zoning: MR -2 and MR -3, Multiple Family
Proposed Zoning: GC -2, General Commercial
Current Land Use: Vacant
Tax Parcel Number: 12-20-30-300-013A-0000
Site Area: 2.3 acre
Property Owner: Mayfair Club LLC
8241 Via Bonita
Sanford, FL 32771-9728
Applicant/Agent: Zachary Miller
Miller Construction Services, LLC Phone: (407) 264-6284
8241 Via Bonita Email Address: millerconstruction@cfl.rr.com
Sanford, FL 32771-9728
CAPP Meeting: A modified CAPP process was conducted by the applicant. As of the date of the
publication, no responses have been received. A full report will be provided at the
meeting.
Commission District: District 3 – Commissioner Patrick Austin
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: HDR – High Density Residential
Proposed Future GC – General Commercial
Land Use:
Surrounding Uses and Land Use:
Use
Vacant/
Wetlands
Logan Heights Rear Emergency Entry/
WalMart Supercenter
Logan Heights Apartments
VacantlHabitatfor Humanity Thrift Store
TOevelopment Revickv\03-Land Development\2021\1200 Americana BlvdXCPA - HDR of GOProject Info - 1200 Americana - CPXdoc
Land Use
North
HDR – High Density Residential
RP – Resource Protection
South
HDR – High Density Residentiall
GC – General Commercial
East
HDR –High Density Residential
West
GC – General Commercial
Use
Vacant/
Wetlands
Logan Heights Rear Emergency Entry/
WalMart Supercenter
Logan Heights Apartments
VacantlHabitatfor Humanity Thrift Store
TOevelopment Revickv\03-Land Development\2021\1200 Americana BlvdXCPA - HDR of GOProject Info - 1200 Americana - CPXdoc
OR.D
WS RM
Item No. P*i.A
CITY COMMISSION MEMORANDUM 21-114
MAY 10, 2021 AGENDA
To: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP — Planning Manager
SUBMITTED BY: Norton N. Bonaparte, Jr., City Maria
SUBJECT: Future Land Use Amendment request to ame the Future Land use designation
from High Density Residential (HDR) to eneral Commercial (GC) for 2.3
acres from at 1200 Americana Boule d.
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
® Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
A request to amend the future land use designation from High Density Residential (HDR) to General
Commercial (GC) for 2.3 acres, along with a concurrent application to rezone the property at 1200
Americana Boulevard has been received.
The property owner is Mayfair Club, LLC. The applicant is Zachary Miller, Miller Construction
Services, LLC. A modified CAPP process was conducted by the applicant. A copy of the CAPP report
is included with this memorandum.
The Affidavit of Ownership and Designation of Agent form is attached and additional information is
available in order to ensure that all potential conflicts of interest are capable of being discerned.
FISCAL/STAFFING STATEMENT:
According to the Property Appraiser's records, the subject property is vacant. Based on the 2020 property
tax roll, the subject property has a total assessed value of $350,658. The tax bill for 2020 was $0 given
it was government owned and tax exempt. The property owner is proposing to develop new non-
residential construction, which would generate additional tax revenue to the City.
No additional staffing is anticipated if the Future Land use amendment is approved.
BACKGROUND:
The applicant has submitted a request to amend the future land use map designation for the 2.3 acre
property from HDR, High Density Residential to GC, General Commercial, for the purpose of future
commercial development. The site is located at the east end of Americana Boulevard, north of where the
right of way ends at Logan Heights Apartments. On January 13, 2020, the City Commission ratified
Resolution No. 2827, declaring the property Surplus. The deed conveying the property from the City to
the current owner was executed in November of 2020.
Per the State's Growth Policy Act (Chapter 163 F.S.), any plan amendment shall discourage the
proliferation of urban sprawl. In order to determine that a plan amendment does not constitute urban
sprawl, the amendment must be analyzed as to whether it incorporates a development pattern or urban
form that achieves four or more of the following eight criteria:
1. Directs growth and development to areas of the community in a manner that does not adversely
impact natural resources;
2. Promotes the efficient and cost effective provision or extension of public infrastructure and services;
3. Promotes walkable and connected communities and provides for compact development and a mix of
uses at densities and intensities that support a range of housing choices and a multimodal
transportation system;
4. Promotes conservation of water and energy;
5. Preserves agricultural areas and activities;
6. Preserves open space and natural lands and provides for public open space and recreation needs;
7. Creates a balance of land uses based on demands of residential population for the nonresidential
needs of an area; and,
8. Provides uses, densities and intensities of use and urban form that would remediate an existing or
planned sprawl development pattern or provides for an innovative development pattern such as
transit oriented development or new towns.
The proposed amendment has been analyzed and found to promote the following criteria: 1, 2, 3, and 7.
• Criteria I — The subject site is not located within a well field protection zone or aquifer recharge
area.
• Criteria 2 — The proposed amendment is just east of other commercial development and a short
distance from various commercial businesses along Orlando Drive (US 17-92).
• Criteria 3 — The proposed development is within walking distance of other commercial
development and is also within walking distance of the Logan Heights Apartment Complex
pedestrian access gate.
• Criteria 7 — The General Commercial land use would afford the opportunity to provide
commercial uses instead of residential uses in a commercial area. The potential commercial
activities may provide usable services to the adjacent multiple family development. The Sanford
Seminole Center Lynx stop is located in the shopping center to the south adding a possible
location for utilization of public transportation. The additional land to be used for non-residential
uses will help strengthen the City's economic base and provide employment.
The applicant has provided a justification statement for the FLU Amendment and is attached to this
report. Staff has outlined additional Goals, Objectives and Policies (GOP's) that are also compatible with
the proposed amendment.
Goal FLU I Manage Land Use Distribution and Provision of Services and Facilities. The City shall
promote an orderly distribution of land uses in an economically, socially, and environmentally
acceptable manner while ensuring the adequate and timely provision of services and facilities to meet
the needs of the current and projected populations.
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The proposed amendment is consistent with the Goal FLU 1 as it will help to ensure that land uses are
located in a rational and efficient manner andpromote economic development. The existing land use is
not the most viable for the site given its location and the trend of development leading to this site. The
proposed land use is more consistent with those readily accessible in the immediate vicinity.
Policy FLU 1.3.6: Designate General Commercial Development (GC). The General Commercial (GC)
areas are designated on the Future Land Use Map for purposes of accommodating community -oriented
retail sales and services; highway -oriented sales and services; and other general commercial activities.
Multifamily residential is encouraged as a secondary use to foster sustainable, mixed-use developments that
reduce vehicle miles traveled and support a walkable community.
The General Commercial designation generally shall be located in highly accessible areas adjacent to major
thoroughfares which possess necessary location, site, and market requirements. The maximum intensity of
General Commercial development measured as a floor area ratio is 0.50. All new development within
General Commercial designated areas shall be required to comply with performance criteria.
The proposed amendment is consistent with Objective FLU 1. 3.6 as it will allow for additional land to
be used for non-residential uses that will help strengthen the city's economic base and provide
employment.
Objective FLU 1.15 Prevent Proliferation of Urban Sprawl and Develop Efficient Systems for
Coordinating the Timing and Staging of Public and Private Development. The City shall continue
to enforce adopted LDRs which require that proposed land uses be adequately served by management,
solid waste disposal and hazardous waste management. The subdivision and site plan review processes
shall provide a unified system for coordinating the efficient location, timing, phasing, and scale of public
and private development. For example, in order to abate urban sprawl and maximize use of existing
infrastructure all new development shall be required to hook up to the existing central water and
wastewater system.
The development of the subject property will be subject to the City's Concurrency Management System
and Land Development Regulations.
A majority vote of the Planning and Zoning Commission is required to recommend approval, approval
with conditions or denial of this policy matter to the City Commission after a public hearing is conducted
to determine if the proposed land use change is consistent with the goals, objectives and policies of the
City's Comprehensive Plan and the State's Growth Policy Act and the current Joint Planning Agreement
with Seminole County.
At their regular April 1, 2021 meeting, the Planning and Zoning Commission unanimously
recommended (7-0) the City Commission approve the request to amend the Future Land use designation
from High Density Residential (HDR) to General Commercial (GC) for 2.3 acres at 1200 Americana
Boulevard. Zachary Miller recused himself as the applicant of record and the alternate member, Ashlee
Woodard, voted as the seventh member of the board.
LEGAL REVIEW:
The City Attorney has reviewed the staff report and has noted the following:
This matter is not a quasi-judicial matter as amendments to local government comprehensive plans are
legislative in nature. That being said, if a proposal to amend the City Comprehensive Plan is to be
31
recommended for denial, it would be appropriate to state the particular reason for such a recommendation
to be considered by the City Commission - such as the proposal is internally inconsistent with a goal,
objective or policy of the Comprehensive Plan or inconsistent with controlling State law or the like.
The City Commission approved the first reading of Ordinance No. 4602 on April 26, 2021.
The City Clerk posted notice of the 2nd Public Hearing in the Sanford Herald on April 28, 2021.
RECOMMENDATION:
Staff finds that the small scale amendment from HDR, High Density Residential to GC, General
Commercial is appropriate and suitable for the subject site and is consistent with the Comprehensive
Plan, does not represent urban sprawl and the City has available capacity to serve the increased demand
on available water and sewer.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move (Adopt/Deny) Ordinance No. 4602."
Attachments: Project Information Sheet
Site Aerial Map
Future Land Use Amendment Map
Affidavit of Ownership
Site Survey and Legal Description
Justification Statement
CAPP Report
Ordinance No. 4602
T:\Development Review\03-Land Development\2021\1200 Americana Blvd\CPA -HDR of GC\CC - CPA\CC Memo - 1200 Americana CPA Amend.docx
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