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Home My WebLink About4603 Rezone 2.3 acres 1200 Americana BoulevardOrdinance No. 2021- 4603 An ordinance of the City of Sanford, Florida providing for the rezoning of real property totaling 2.3 acres in size (Tax identification Parcel Number: 12-20-30-300-013A-0000 (generally addressed as 1200 Americana Boulevard)) within the City Limits (map of the property attached) from the MR -2 and MR -3, Multiple Family Residential, zoning districts/classifications to the GC -2, General Commercial, zoning district/classification; providing for the taking of implementing administrative actions; providing for the adoption of a map by reference; repealing all conflicting ordinances; providing for severability; providing for non -codification and providing for an effective date. Whereas, Mayfair Club LLC, a Florida limited liability company, is the owner of the property which is the subject of this Ordinance (Tax Parcel Identification Number: 12-20-30-300-013A-0000 as assigned by the Seminole County Property Appraiser); and Whereas, the owner's agent as applicant for the rezoning action set forth herein is Zachary Miller, of Miller Construction Services, LLC, of Sanford; and Whereas, the real property (a site 2.3 acres in size) is located at the east end of Americana Boulevard, north of where the right of way ends at Logan Heights Apartments; MU Whereas, the owner has 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 subject property rezoned from the MR -2 and MR -3, Multiple Family Residential, zoning districts/classifications to the GC -2, General Commercial, zoning district/classification; and Whereas, the applicant held a modified Citizens Awareness and Participation Plan (CAPP) meeting to the satisfaction of the City; 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 rezoning application be approved and has otherwise reviewed and evaluated the application to determine whether is 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 Whereas, on April 1, 2021 the Planning and Zoning Commission of the City of Sanford recommended that the City Commission approve the subject rezoning as set forth in this Ordinance; and Whereas, professional City planning staff, the City's Planning and Zoning Commission and the City Commission have determined that the proposed the rezoning of the subject property as set forth in this Ordinance is consistent with the Comprehensive Plan of the City of Sanford, the land development regulations of the City of Sanford, and the controlling provisions of State law; and Whereas, the City Commission of the City of Sanford, Florida has taken, as implemented by City staff, all actions relating to the rezoning action set forth herein in accordance with the requirements and procedures mandated by State law and all prior land use actions of the City are hereby ratified and affirmed. 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 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 City of Sanford has complied with all requirements and procedures of Florida law in processing and advertising this Ordinance. Section 2. Rezoning of Real Property/Implementing Actions. (a). Upon enactment of this Ordinance the following described property, as depicted in the map attached to this Ordinance, and totaling is 2.3 acres in size, shall be rezoned from the MR -2 and MR -3, Multiple Family Residential, zoning districts/classifications to the GC -2, General Commercial, zoning district/classification: Tax Identification Parcel Number Owner 12-20-30-300-013A-0000 Mayfair Club LLC (b). The City Manager, or designee, is hereby authorized to execute any and all documents necessary to formalize approval of the rezoning action taken herein 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. (c). Conditions of development relating to the subject property may be incorporated into the subsequent pertinent development orders and development permits 3 1 P and such development orders and development permits may be subject to public hearing requirements in accordance with the provisions of controlling law and consistent with the provisions of Section 166.033, Florida Statutes. Section 3. Incorporation of Map. The map attached to this Ordinance is hereby ratified and affirmed and incorporated into this Ordinance as a substantive part of this Ordinance. Section 4. Conflicts. All ordinances or part of ordinances in conflict with this Ordinance are hereby repealed. 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. This Ordinance shall not be codified in the City Code of the City of Sanford or the Land Development Code of the City of Sanford; 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. Section 7. Effective Date This Ordinance shall take effect immediately upon enactment. Passed and adopted this loth day of May, 2021. Attest: Traci Houchin, MMC, FCRM City Clerk Approved as to form and legal IlIdl I I L. k-oUIL)tjI L, kALY /-XLLUI I IUY City Commission of the City of Sanford, FlorAa\ A f I Mayor toy. 5 1 P � i �,,' c PROJECT INFORMATION — 1200 AMERICANA BOULEVARD REZONE Requested Action: Rezone 2.3 acres from MR -2 and MR -3, Multiple Family Residential to GC -2, General Commercial 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.coi-n 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 Zoning: TAI)evelopment ReviewkW-Land Development\2019\255 Monroe Road - RezoneTroject Info - 255 Monroe Rd - Rezone.doc Use Vacant/Wetlands Logan Heights Rear Emergency Entry/ WalMart Supercenter Logan Heights Apartments VacantlHabitatfor Humanity Thrift Store Zoning North MR -2 — Multiple Family Residential South MR -3 — Multiple Family Residential/ GC -2 — General Commercial East MR -3 —Medium Density Residential West GC -2 — General Commercial TAI)evelopment ReviewkW-Land Development\2019\255 Monroe Road - RezoneTroject Info - 255 Monroe Rd - Rezone.doc Use Vacant/Wetlands Logan Heights Rear Emergency Entry/ WalMart Supercenter Logan Heights Apartments VacantlHabitatfor Humanity Thrift Store Site 1200 Americana Blvd Parcel No: 12-20-30-300-013A-0000 SITE E-1:APIr— 1-- - — — E LAKE MARY BLVD wwwwow" Zoning GC2 MR2 MR3 RMOI SR2 0 -------- O D V ,- PJ -01. AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT "t, 0 =1 IL -n%�- 187794 "Mw.sanfordfJ.9ov Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below: 1. 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 11. Designation of Applicant's Agent (leave blank if not applicable) application is submitted to the City of Sanford. 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): Zachary Miller Signature: Agent Address: 8241 Via Bonita Sanford, FL Email: millerconstruction@cfl.rr.com Phone: 407-792-3955 Fax: 407-264-6284 Ill. Notice to Owner X 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 o Land Trust Partnership P Limited Liability Company * 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, 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 TITLE/OFFICE/TRUSTEE 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 bind the Applicant I-endor to the disclosures herein. 7 3-22-21 Date STATE OF FLORIDA COUNTY OF Sworn to (or affirmed) and subscribed before me by _ on this _ day of 20-. Applicant Signature Signature of Notary Public Print, Type or Stamp Name of Notary Public Personally Known OR Produced Identification Type of Identification Produced Affidavit of Ownership - January 2415 8241 Via Bonito St. Sanford, FL 32771 P(407)792-3955 F(407)264-6284 www.miIIerconstructionservices.net FL Reg. CBC1 251569 March 22, 2021 City of Sanford 300 N. Park Ave. Sanford, FL 32771 Project Location: 1200 Americana Blvd. Sanford, FL 32771 12-20-30-300-013A-0000 To Whom it May Concern: We are submitting for a Future Land Use amendment and Rezone of approximately 1.5 acres with access at 1200 Americana Blvd. in Sanford. We would be changing the Future land and rezoning to GC2. The current zoning seems to have (2) different multifamily zonings on I parcel. This appears to be a result of the adjacent Planned Development that was done for Logan Heights. Americana Blvd. is predominantly a GC2 and traffic stops at Our property, which creates a different service area between Americana and Logan Heights. The current zoning of the subject property overlaps that service area. By rezoning the property we would be creating continuity in the zoning along Americana. Thank you for your consideration. Respectfully Submitted, ZacharyMillq/ MILLER CONSTRUCTION SERVICES LLC 8241 Via Bonita St. Sanford, FL 32771 P(407)792-3955 F(407)264-6284 www.millerconstructionservices.net FL Reg. CBC1 251569 RE: 1200 Americana Blvd. in Sanford, FL Dear Property Owner, Please accept this letter as an informative notice regarding the property located at 1200Americana Blvd., in Sanford You are receiving this notification because you own property in proximity to the site and we would like to share our proposed plan. This location is currently a vacant site. We are requesting a Future Land Use Antendment and rezone to GC2. This will clean up the zoning, currently there are 2 different multi - .family zonings on the property. This request will create continuity with the adjacent zoning of GC2. If you have any questions or would like more information, please feel free to contact me. My details are below. Thank you .for your time. Respectfully Submitted, Zachary Miller Miller Construction Services LLC 8241 Via Bonita St. Sanford, FL 32771 407-792-3955 — Office 407-264-6284 — Fax millerconstruction&fl. "I.Coni 0 11 VALMARTSTORES EAST INC CAO PROPER TYTXXISTDRE#857tviALSTOP O555 BENT(]MV|LLE.AR72710 12-20-30-300-012Q-0000 HUNDNGTONPROP & INV INC P0BOX 237237 COCOA, FL 32923 11 -20-30-300-0420-0000 SUNFORDINV LLC PO BOX 1474 SANFQRD.FL32772 11 -20-30-300-041 B-0000 HABITAT, FOR HUMANITY 1548 SEKJ|N{}LABLV[}STE141 CASSELBERRY, FL 32707 12-20-30-300-012P-0000 LOGANHEIGHTS PRESERVATION LP 2O1SANTA MONICA BLVOSTE55O SANTA MONICA, CA9O4O1 12-20-30-300-013A-0000 0/YRHR CLUB LLC O241VIA B{}N|TA SANFDRD.FL32771 12-20-30-300-012E-0000 HUNANGTONPROP & INV INC POBOX 237237 COCOA, FL32S23 11-20-30-5QU-0000-0020 RBSEK8}NOLELLC C/O F<DK8GK1TLUCO1O7TH AVE FL10 NEWYDRK.NY1OO18 11 1O WALMAFTSTORES EAST LP P{}BOX 885O BENTONV|LLE.AR72712 MILLER CONSTRUCTION SERVICES LLC 8241 Via Bonita St. Sanford, FL 32771 P(407)792-3955 F(407)264-6284 www.millerconstructionservices.net FL Reg. CBC1 251569 RE: 1200 Americana Blvd in Sanford FL FINAL CAPP REPORT We received one call regarding the CAPP letter that went out fi-om the owners of the Seminole Center (Wal-Mart) for clarification. They said they had no objection. Thank you for your time. Respectfully Submitted, Zachary Miller Miller Construction Services LLC 8241 Via Bonita St. Sanford, FL 32771 407-792-3955 — Office 407-264-6284 — Fax millc,rcoiistruction@(�l.rr.com 1 WS RM CITY OF Item No. 07.8 SkNFORD FLORIDA CITY COMMISSION MEMORANDUM 2 1.1'15 MAY 10, 2021 AGENDA To: Honorable Mayor and Members of the City Commission PREPARED BY: Eileen Hinson, AICD — Planning Manager SUBMITTED BY: Norton N. Bonaparte, Jr., City Mana -3, Fa SUBJECT: Rezone 2.3 acres from MR -2 and MFM;Zmily Residential to GC -2, General Commercial at 1200 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 Z Update Regulatory Framework Z Redevelop and Revitalize Disadvantaged Communities SYNOPSIS: A request to rezone 2.3 acres from MR -2 and MR -3, Multiple Family Residential to GC -2, General Commercial 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. 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 rezone is approved. BACKGROUND: The 2.3 acre 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, 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. Page I of 4 The owner has determined the highest and best use of the property is not multiple family residential as currently zoned and would like to pursue a commercial use consistent with the other uses to the west of the property along Americana Boulevard west to Orlando Drive (US Highway 17-92). The properties to the east that are currently multiple family have primary access from E. Lake Mary Boulevard and Rolling Hills Boulevard. The existing development only has a pedestrian access gate and an emergency gate located on Americana Boulevard. The applicant has submitted a concurrent request for a Future Land Use amendment to change the current HDR, High Density Residential land use to a GC, General Commercial land use to be consistent with the properties to the south and west. No additional standards or conditions can be placed upon this type of rezone and the rezone is presented to determine whether or not the request is consistent with the underlying land use and the goals and objectives of the Comprehensive Plan. Any development that occurs in the future on said property will be subject to all conditions, standards and regulations set forth in the LDR and other City codes for development within the GC -2, General Commercial zoning district, if this rezone and the associated Comprehensive Plan are approved. If any Conditional Uses, Variances or other deviations from the code are expected, additional public hearings may be required and therefore, subject to the necessary CAPP meeting component at that time. At their regular April 1, 2021 meeting the Planning and Zoning Commission unanimously recommended (7-0) that the City Commission approve the rezone of 2.3 acres from MR -2 and MR -3, Multiple Family Residential to GC -2, General Commercial 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: 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 or undertakes Page 2 of 4 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 [ofl 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). The City Commission approved the first reading of Ordinance No. 4603 on April 26, 2021. The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on April 28, 2021. RECOMMENDATION: Staff has reviewed the information provided and has found the request to rezone 2.3 acres from MR -2 and MR -3, Multiple Family Residential to GC -2, General Commercial at 1200 Americana Boulevard to be consistent with the goals, objectives and policies of the City's Comprehensive Plan and recommended that the Planning and Zoning Commission approve the request. At their regular April 1, 2021 meeting the Planning and Zoning Commission unanimously recommended (7-0) that the City Commission approve the rezone of 2.3 acres from MR -2 and MR -3, Multiple Family Residential to GC -2, General Commercial at 1200 Americana Boulevard. Additional comments or recommendations may be presented by staff at the meeting. SUGGESTED MOTION: I move to adopt Ordinance No. 4603." Attachments: Project Information Sheet Site Vicinity Zoning Map Site Aerial Map Affidavit of Ownership Survey CAPP Meeting Letter Page 3 of 4 Ordinance No. 4603 T:\Development Review\03-Land Development\2021\1200 Americana Blvd\Zoning MR2 and MR3 to GC2\CC - RZ MR2-MR3toGC2\CC Memo - 1200 Americana - Rezone.docx Page 4 of 4