HomeMy WebLinkAbout4788 Rezone 2.96 Acres - 3750 Laura Avenue/2850 E. Lake Mary BlvdOrdinance No. 2024-4788
An ordinance of the City of Sanford, Florida providing for the rezoning
of a parcel of real property totaling approximately 2.96 acres in size
located at 3760 Laura Avenue and assigned Tax Parcel Identification
Numbers 08-20-31-501-0000-0160 and 08-20-31-501-0000-016A by the
Seminole County Property Appraiser which property is located within
the Sanford City Limits (map of the PD property is attached) from
Seminole Couty Agriculture (A-1) to City Planned Development (PD);
providing for findings and intent; providing for the taking of
implementing administrative actions; providing for the adoption of a
map by reference; providing for conflicts; providing for severability;
providing for non -codification and providing for an effective date.
Whereas, an application has been submitted proposing to rezone real
property generally addressed as 3750 Laura Avenue from Seminole Couty Agriculture
(A-1) to City of Sanford Planned Development (PD) to establish specified uses on the PD
Property; and
Whereas, the subject real property (a site 2.96 acres in size) is located on the
northwest corner of the intersection of East Lake Mary Boulevard and Laura Avenue;
and
Whereas, the fee simple title owner of the real property that is the subject of
this Ordinance is SFB Air Park, LLC., a Florida limited liability company ("Property
Owner"); and
Whereas, Mark Harkins is the sole manager of the entity; and
Whereas, the City's CAPP (Citizens Awareness and Participation Plan)
process, which was conducted on March 12, 2024, and was accomplished to the
satisfaction of the City by Bryan Potts, P.E. of Tannath Designs on behalf of the Property
Owner; and
Whereas, according to the PD Master Plan, the Property Owner is proposing a
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retail/office/flex project consisting of two buildings each of which is 9,800 square -feet in
size with a building height of 50' and, due to the proximity of the subject property to the
Airport and the adopted interlocal agreement, the Property Owner shall file a Federal
Aviation Administration Form 7460, and such other documents of related effect, with the
Sanford Airport Authority and provide to the City written acknowledgement of receipt and
determination of no objection from the Sanford Airport Authority prior to any development
approvals; and
Whereas, the subject property is not located within any sub -areas of the City's
Joint Planning Agreement, but the recently adopted East Lake Mary Boulevard Small
Area Study, which was developed in partnership with Seminole County and the subject
property is identified as the South Airport Commercial District which supports the
expansion of the activities of the Orlando Sanford International Airport in accordance
with the Airport Master Plan; and.
Whereas, the City's Planning and Development Services Department 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, objectives and policies of the
Comprehensive Plan of the City of Sanford, the City's Land Development Regulations
(LDRs), and the controlling provisions of State law; and
Whereas, the City of Sanford Planning and Zoning Commission considered the
rezoning application submitted by the Applicant at its June 6, 2024, meeting and
unanimously recommended that the City Commission adopt an ordinance to rezone the
PD Property from Seminole Couty Agriculture (A-1) to City of Sanford Planned
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Development (PD) based on the request being consistent with the goals, objectives and
policies of the City's Comprehensive Plan; and
Whereas, the City planning and development staff have determined that the
rezoning request is consistent with the underlying land use and the goals and objectives
of the Comprehensive Plan and recommend approval of this Ordinance; and
Whereas, the City Commission has determined that the proposed rezoning of the
PD Property as set forth in this Ordinance is consistent with the Comprehensive Plan of
the City of Sanford, the City's LDRs, and the controlling provisions of State law; and
Whereas, the City Commission of the City of Sanford, Florida has taken all
actions relating to the rezoning action set forth herein in accordance with the
requirements and procedures mandated by State law.
Now, therefore, be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City staff report and City Commission agenda
memorandum relating to the application relating to the proposed rezoning of the PD
Property as well as the recitals (whereas clauses) to this Ordinance.
(b). The approval set forth in this Ordinance is subject to the specific conditions
that are set forth subsequently 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.
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Section 2. Rezoning of property/implementing actions; the SFB Air Park
(a), Upon enactment of this Ordinance the PD Property, as depicted in the map
attached to this Ordinance, shall be rezoned to the SFB Air Park PD.
(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 SFB Air Park 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's LDRs, this rezoning shall
expire 3 years from the effective date of this Ordinance if all improvements have
not been completed or an extension granted.
(2). Unless specifically requested and approved on the PD Master Plan,
any required elements missing from or not shown on the SFB Air Park PD Master
Plan or associated PD documents shall comply with and default to the regulations
in the City's LDRs.
(3). All permitted uses shall be consistent with permitted uses allowed in
General Commercial (GC -2) zoning district/classification and the Restricted
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Industrial (RI-1)zoning district/classification.
(4). Community resource facilities, exceptional uses, pharmacy,
hazardous manufacturing, hazardous storage and all automotive uses will require
separate conditional use applications.
(5) The following uses shall be prohibited and unlawful: residential
uses, community residential homes, residential care facilities, nursing homes,
libraries, house of worship, cemetery, transportation terminal, solid waste
disposal facilities, bail bondsman, adult performance establishment, adult arcade,
indoor or outdoor movie theatres, funeral home and crematory, laundromat,
junkyard, dry cleaning plant, and agricultural processing facilities.
(6). A development plan prepared and sealed by a licensed Florida,
professional engineer meeting the requirements of the City's LDRs must be
submitted and approved prior to any construction on site.
(7). A decorative and functional fountain shall be installed in all wet
retention ponds as part of development approval which approval shall provide for
ongoing maintenance requirements and responsibilities upon the appropriate
party, but not the City.
(8). The Property Owner shall file a Federal Aviation Administration
Form 7460, and such other documents of related effect, with the Sanford Airport
Authority and provide to the City written acknowledgement of receipt and
determination of no objection from the Sanford Airport Authority prior to any
development approvals.
(9). If City staff and the Property Owner are unable to agree to the
details of this Ordinance or the implementing PD non -statutory development
agreement in any way, the matter will be submitted to the Planning and Zoning
Commission for resolution at a public hearing, and the matter will be adjudicated
by means of a development order or denial development order relating thereto.
(10). In agreeing to the above conditions in the subsequent PD
development agreement, the Property Owner shall agree that, in accordance with
the provisions of Section 70.45, Florida Statutes, pertaining to governmental
exactions, the City has not imposed any prohibited exaction. The term "prohibited
exaction" is defined by that statute to mean "... any condition imposed by a
governmental entity on a property owner's proposed use of real property that
lacks an essential nexus to a legitimate public purpose and is not roughly
proportionate to the impacts of the proposed use that the governmental entity
seeks to avoid, minimize, or mitigate.
Section 3. Incorporation of map and SFB Air Park PD Master Plan for the
SFB Air Park 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
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; Implementation.
(a). This Ordinance shall not be codified in the City Code of the City of Sanford
or the City's LDRs; provided, however, that the actions taken herein shall be depicted on
the zoning maps of the City of Sanford by the City Manager, or designee.
(b). The City Manager, or designee, shall implement the provisions of this
Ordinance by means of a non -statutory development agreement which shall be executed
by the Property Owner, or their successor(s) in interest within 60 days of the effective
date of this Ordinance or the PD Property's zoning classification shall revert to an
un -zoned property status-. Further, if, pursuant to Section 4.3.G of the City's LDRs, this
rezoning expires in 3 years from the effective date of this Ordinance due to all
improvements having not been completed or an extension granted; then the property
shall revert to a PID without any land use entitlements except for a permit for a single
family residential structure.
(c). The non -statutory development agreement referenced in Subsection (b).of
this Section shall be and constitute a development order and shall not create contractual
rights of the Property Owner against the City nor contractual obligations of the City to the
Property Owner and, to that end, the Property Owner shall have no contractual rights or
remedies against the City with regard to any land use action of the City.
(d). The City has not waived any rights or remedies by taken the action set forth
herein or in the implementing development agreement and any successive development
orders and reserves any and all rights and remedies available to the City under
controlling law including, but not limited to, the protections under the laws pertaining to
sovereign immunity and, further, all matters set forth herein may be enforced by any
code enforcement process available to the City under the provisions of controlling law.
Section 7. Effective Date.
This Ordinance shall take effect upon enactment.
Passed and adopted this 8t" day of July, 2024.
Attest:
Traci Houchin,
MMC, FCRM~
City Clerk
I
Approved as to form and legal sufficiency. _;�=
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PCo ert,ity A rney
AGA
81
City Commission of the City of
Sanford, Floridan
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Business Impact Estimate
This form should be included in agenda packet for the item under which the proposed ordinance
is to be considered, and must be posted on the City's website by the time notice of the proposed
ordinance is published.
Planned Development Rezone of 3750 Laura Avenue and 2850 East Lake Mary
Boulevard:
The City is of the view that the following exception(s) to the Business Impact Estimate
requirement, that are checked off in a box below, apply to the above -referenced proposed
ordinance. Although, the City is implementing the procedure required by statutory law to
ensure that no inadvertent procedural issue could impact the enactment of the proposed
ordinance.
❑ The proposed ordinance is required for compliance with Federal or State law or
regulation;
❑ The proposed ordinance relates to the issuance or refinancing of debt;
❑ The proposed ordinance relates to the adoption of budgets or budget
amendments, including revenue sources necessary to fund the budget;
❑ The proposed ordinance is required to implement a contract or an agreement,
including, but not limited to, any Federal, State, local, or private grant, or other
financial assistance accepted by the
❑ The proposed ordinance is an emergency ordinance;
❑ The ordinance relates to procurement; or
® The proposed ordinance is enacted to implement the following:
a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and
municipal planning, and land development regulation, including zoning,
development orders, development agreements and development permits;
b. Sections 190.005 and 190.046, Florida Statutes, regarding community
development districts;
c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or
d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code.
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In accordance with the provisions of controlling law, even notwithstanding the fact that,
an exemption noted above may apply, the City hereby publishes the following information:
1. Summary of theproposedordinance (must include statement of thepublicpurpose,-
such as serving the public health, safety, morals, and welfare):
The proposed ordinance is intended to incorporate the subject property into the City of
Sanford in order to obtain water and sewer for a proposed mixed-use industrial and
commercial development. The future development of the property is not expected to have
a detrimental impact on public health, safety, morals, or welfare of the community.
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City:
When the subject property is developed, the property will be assessed at the City of
Sanford Millage rate and will result in additional Revenue to the City.
3. Estimate of direct compliance costs that businesses may reasonably incur:
The applicant will be responsible for all permitting fees.
4. Any new charge or fee imposed by the proposed ordinance:
When annexed into the City, the property will be assessed the City of Sanford Millage
rate in addition to the County Taxes.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
It is impossible to quantify any potential regulatory costs of the proposed development.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
It is unknown if any businesses will be impacted by the development of the site.
7. Additional information
Not applicable.
2 1 P a g e
CITY OF
'k SANFORD AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF
FLORIDA
11111116L -4Q,
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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:
1. Ownership
I Mark Harkins, SFB Air Park LLC , hereby attest to ownership of the property described below:
Tax Parcel Number(s): 08-20-31-501-0000-0160 & 08-20-31-501-0000-016A
Address of Property: 3750 Laura Ave & 2850 E Lake Mary Blvd, Sanford FL 32773
for which this Annexation, Comp Plan Amendment, & Rezone application is submitted to the City of Sanford.
It. 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, 1 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): Bryan Potts, P.E. Signature:
Agent Address: 2494 Rose Spring Drive, Orlando FL 32825
Email: bpotts@tannathdesign.com Phone: 407-982-9878 Fax:
111. Notice to Owner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require anew 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)
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, 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.
171
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: SFB Air Park, LLC
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
OR BENEFICIARY
ADDRESS % OF
INTEREST
Mark Harkins Manager
3595 W Lake Mary Blvd, Ste B
Lake Mary, Florida 32746
(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.
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.
Date Owner, Agent, Applicant Signature
STATE OF FLORIDA
COUNTY OFS* ,10��
Sworn to (or affirmed) and subscribed before me by
on this ' L day of r `W V
ignatur f o ub is
u�sy Q to
4ersonally Kno OR Produced Identification
Type of Identification Produced
Affidavit of ownership - January 2015
���Gfnnk�hS E.rrvdvderrrtyri rtr,-'uity
LINDSY RIPLEY
20 C�� � � MY COMMISSION # H1W090
f EXPIRES: July 05, 2026
Print, Type or Stamp Name of Notary Public
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