HomeMy WebLinkAbout4798 Rezone 9.25 Acres - 2880 East Lake Mary BoulevardOrdinance No. 2024-4798
An ordinance of the City of Sanford, Florida providing for the
rezoning of certain real property, approximately 9.25 acres in size,
owned by JLW Lake Doctors, LLC (Tax Parcel Identification Numbers
08-20-31-300-0370-00000 and 8-20-31-300-037A-0000 as assigned by
the Seminole County Property Appraiser) which property is located
within the Sanford City Limits addressed as 2880 East Lake Mary
Boulevard (map of the property is attached) from Seminole County
Agriculture (A-1) and Seminole County Industrial (M-1) to City
Restricted Industrial (RI -1); 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 9.25 acres
of real property generally addressed as 2880 East Lake Mary Boulevard (the "Subject
Property") from the Seminole County Agriculture (A-1) and Seminole County Industrial
(M-1) zoning districts/classifications to the City Restricted Industrial (RI -1) zoning
district/classification; and
Whereas, the fee simple title owner of the real property that is the subject of this
Ordinance is JLW Lake Doctors, LLC (the "Property Owner") whose sole
manager/member is James L. Williams; and
Whereas, the Subject Property is assigned Tax Parcel Identification Numbers
Tax Parcel Identification Numbers 08-20-31-300-0370-00000 and
8-20-31-300-037A-0000, as assigned by the Seminole County Property Appraiser; and
Whereas, the subject real property is a site 9.25 acres in size, consisting of 2 tax
parcels, is addressed as 2880 East Lake Mary Boulevard, and the 2 tax parcels are
located at the intersection of Laura Avenue and East Lake Mary Boulevard; and
Whereas, the subject real property is located sub -area 4 of the City -Seminole
County Joint Planning Agreement (JPA) which JPA, in part, while recognizing the
expansion of the Orlando -Sanford International Airport (OSIA) property and runways,
requires the granting of an avigation easement prior to the construction of a single family
dwelling unit or a multi -family dwelling unit for properties located in the area depicted in a
map which is part of the City's Comprehensive Plan; and
Whereas, a Citizens Awareness and Participation Plan (CAPP) meeting was held
by the Property Owner's representative, Bryan Potts, P.E., of the Orlando firm of
Tannath Design, Inc., on April 16, 2024, and a copy of the CAPP report was provided to
the City, which report has been found to be satisfactory to the City; 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 July 11, 2024 meeting and
recommended that the City Commission adopt an ordinance to rezone the Subject
Property from the Seminole County Agriculture (A-1) and Seminole County Industrial
(M-1) zoning districts/classifications to the City Restricted Industrial (RI -1) zoning
district/classification 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
Subject 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;
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 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.
(c). This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City of Sanford.
Section 2. Rezoning of Propertieslimplementing Actions.
(a). Upon enactment of this Ordinance, the Subject Property, as depicted in the
sketches and legal descriptions attached to this Ordinance (Tax Parcel Numbers
08-20-31-300-0370-00000 and 8-20-31-300-037A-0000) are hereby rezoned from the
Seminole County Agriculture
(A-1)
and
Seminole County Industrial (M-1)
zoning
districts/classifications to
the
City
Restricted Industrial (RI -1)
zoning
district/classification.
(b). The City Manager, or designee, is hereby authorized to execute any
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 and as set forth herein.
(c). No additional standards or conditions can be placed upon this type of
rezone, as the rezone is determined to be consistent with the underlying land use and
the goals and objects of the City's Comprehensive Plan.
(d). Conditions of development relating to the Subject Property may be
incorporated into the subsequent pertinent development orders and development
permits and such development orders and development permits may be subject to public
hearing requirements in accordance with the provisions of controlling law.
Section 3. Incorporation of Sketches and Legal Descriptions. The
sketches and legal descriptions attached to this Ordinance are 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; Implementation. 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.
Section 7. Effective Date. This Ordinance shall take effect immediately
upon enactment.
Attest:
Passed and adopted this 26th day of August 2024.
City Commission of
the City of
Sanford, Florida
r
Traci Houchin, MMC, FORM Art Woodruff'
City Clerk Mayor
Approved as to form and legal sufficiency.
Y:
Willi . Colbert, City itorney
ljjtjlF
�o4
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.
Rezone of Property Address: 2880 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.
M 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.
1_ (_P a g e
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 the proposed ordinance (must include statement of the public purpose,
such as serving the public health, safety, morals, and welfare): Not Applicable
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City:
Not Applicable
3. Estimate of direct compliance costs that businesses may reasonably incur: Not
Applicable
4. Any new charge or fee imposed by the proposed ordinance:
Not Applicable
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
Not Applicable
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
Not Applicable
7. Additional information (if any, but may wish to include the methodology used to derive
information for #1 and #2, above. For example: City staff solicited comments from
businesses in the City as to the potential impact of the proposed ordinance by contacting
the chamber of commerce, social media posting, direct mail or direct email, posting on
City website, public workshop, etc. You may also wish to include efforts made to reduce
the potential fiscal impact on businesses based on feedback from businesses. You may
also wish to state here that the proposed ordinance is a generally applicable ordinance
that applies to all persons similarly situated (individuals as well as businesses) and,
therefore, the proposed ordinance does not impose costs only upon businesses.):
Not Applicable
2 1 P a g e
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CITY COMMISSION MEMORANDUM 24.240
AUGUST 26, 2024 AGENDA
TO: Honorable Mayor and Members of the City
PREPARED BY: Eileen Hinson, AICP, Director ofjP.la g
SUBMITTED BY: Norton N. Bonaparte, Jr., ICW-C f
SUBJECT: Adoption of Ordinance No. 2024-4798 to R
address 2880 East Lake Mary Boulevard/
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
WS _ RM X
Item No.O •C-3
9.25 acres at project
THIS IS A MATTER INVOLVING THE QUASI-JUDICIAL PROCESS, THUS COMMISSIONERS MUST DISCLOSE
ALL EX -PARTE COMMUNICATIONS INCLUDING THE NAME OF THE COMMUNICATOR, AND THE TIME,
PLACE AND SUBSTANCE OF THE COMMUNICATION. WRITTEN COMMUNICATIONS MUST BE DISCLOSED
AND MADE A PART OF THE RECORD BEFORE FINAL ACTION IS TAKEN. A COMMISSIONER'S
INVESTIGATION, SITE VISITS AND RECEIPT EXPERT OPINIONS MUST ALSO BE DISCLOSED AND MADE A
PART OF THE RECORD. PERSONS WHO HAVE OPINIONS CONTRARY TO THOSE EXPRESSED IN AN ORAL
OR WRITTEN EX PARTE COMMUNICATION MUST BE GIVEN A REASONABLE OPPORTUNITY TO REFUTE OR
RESPOND TO THE COMMUNICATION ATTHE HEARING: THE PARTIES TO THIS PROCEEDING ARE THE CITY
STAFF AND THE APPLICANT AND THEY ARE SUBJECT TO CROSS EXAMINATION AND MUST GIVE THEIR
TESTIMONY UNDER OATH. OTHERS WHO SEEK PARTY STATUS ARE ALSO SUBJECT TO CROSS
EXAMINATION. PERSONS ONLY PARTICIPATING BY PROVIDING COMMENTS ARE NOT SUBJECT TO CROSS
EXAMINATION AND ARE NOT SWORN IN AS EVIDENTIARY WITNESSES. THE QUALIFICATIONS OF CITY
STAFF ARE EITHER PUBLISHED ON THE CITY'S WEBSITE OR SUBMITTED ATTHE HEARING.
SYNOPSIS:
A request to Rezone 9.25 acres at project address 2880 East Lake Mary Boulevard from Seminole
County Agriculture (A-1) and Seminole County Industrial (M-1) to City of Sanford Restricted
Industrial (RI -1) has been received.
The property owner is JLW LAKE DOCTORS, LLC whose Managing Member is James L.
Williams. The applicant, Bryan Potts, P.E., completed the Citizens Awareness and Participation
Plan (CAPP) meeting on April 16, 2024. A copy of the report is attached, which has been found
to be satisfactory for the City.
The Affidavit of Ownership and Designation of Agent forms are attached, and other information
is available in order to ensure that all potential conflicts of interests are capable of being discerned.
FISCALISTAFFING STATEMENT:
The assessed tax value, total tax bill, and property status for 2023 is shown below:
The property currently has agricultural exemptions, which results in significantly reduced taxes.
At this time, no development has been proposed, and the applicant is only seeking to annex the
property into the City and establish the appropriate Future Land Use designation and
corresponding City Zoning. Future non-residential development would generate additional tax
revenue for the City, but also may impact City services.
No additional staffing is anticipated if the land use amendment is approved.
BACKGROUND:
The subject parcels total 9.25 -acres in combined land area and are located at the intersection of
Laura Avenue and East Lake Mary Boulevard. The currently assigned Seminole County zoning
for parcel number 08-20-31-300-0370-0000 is A-1, Agriculture and M-1, Industrial for parcel
number 08-20-31-300-037A-0000. Both parcels are vacant with agricultural exemptions and have
a Seminole County Future Land Use designation of Industrial (IND).
When a property is annexed into the City, it maintains its Future Land Use and Zoning designation
from the unincorporated area until it is incorporated into the Future Land Use element of the
Comprehensive Plan and assigned a City zoning classification. The property owner has requested
annexation, incorporation into the City's Comprehensive Plan and a zoning change to RI -1,
Restricted Industrial from the Seminole County A-1, Agriculture and M-1,'Industrial zoning.
The subject property is located sub -area 4 of the City of the Sanford - Seminole County Joint
Planning Agreement (JPA), of which an excerpt follows:
Establish Ohio Avenue as a north -south line separating low density residential uses to the west
and airport -related uses to the east. Lands designated as industrial west of Ohio Avenue shall
maintain that designation.
Future expansion of the Orlando -Sanford International Airport (OSIA) property and runways
shall be focused to the east and south to minimize airport noise and development impacts to urban
residential areas to the north and west. Lands annexed near or adjacent to the airport shall be
assigned land use designations compatible with the Airport Master Plan and in a manner
consistent with the joint planning agreement established with Seminole County.
Residential land uses and residential zonings shall be discouraged if within three hundred (300)
feet of the centerline of the OSIA 's new runway system east to the conservation area adjacent to
Lake Jesup.
The City and County shall ensure that land uses surrounding the airport are compatible with noise
levels generated by the airport use through the following measures:
All land east or south of the OSIA's new runway system shall be developed based on the
part 150 Noise Exposure Maps and Compatibility Plan prepared in 2001 for the OSIA by
Environmental Science Associates (ESA), as approved by the FAA and any revisions to the
noise exposure maps that may occur as the result of airport development. If new residential
Assessed
Tax Bill
Parcel Number
Value
(2023)
Property Status
(2023
08-20-31-300-0370-0000
$292
$3.05
Vacant
08-20-31-300-037A-0000
$91
$0.95
Vacant
The property currently has agricultural exemptions, which results in significantly reduced taxes.
At this time, no development has been proposed, and the applicant is only seeking to annex the
property into the City and establish the appropriate Future Land Use designation and
corresponding City Zoning. Future non-residential development would generate additional tax
revenue for the City, but also may impact City services.
No additional staffing is anticipated if the land use amendment is approved.
BACKGROUND:
The subject parcels total 9.25 -acres in combined land area and are located at the intersection of
Laura Avenue and East Lake Mary Boulevard. The currently assigned Seminole County zoning
for parcel number 08-20-31-300-0370-0000 is A-1, Agriculture and M-1, Industrial for parcel
number 08-20-31-300-037A-0000. Both parcels are vacant with agricultural exemptions and have
a Seminole County Future Land Use designation of Industrial (IND).
When a property is annexed into the City, it maintains its Future Land Use and Zoning designation
from the unincorporated area until it is incorporated into the Future Land Use element of the
Comprehensive Plan and assigned a City zoning classification. The property owner has requested
annexation, incorporation into the City's Comprehensive Plan and a zoning change to RI -1,
Restricted Industrial from the Seminole County A-1, Agriculture and M-1,'Industrial zoning.
The subject property is located sub -area 4 of the City of the Sanford - Seminole County Joint
Planning Agreement (JPA), of which an excerpt follows:
Establish Ohio Avenue as a north -south line separating low density residential uses to the west
and airport -related uses to the east. Lands designated as industrial west of Ohio Avenue shall
maintain that designation.
Future expansion of the Orlando -Sanford International Airport (OSIA) property and runways
shall be focused to the east and south to minimize airport noise and development impacts to urban
residential areas to the north and west. Lands annexed near or adjacent to the airport shall be
assigned land use designations compatible with the Airport Master Plan and in a manner
consistent with the joint planning agreement established with Seminole County.
Residential land uses and residential zonings shall be discouraged if within three hundred (300)
feet of the centerline of the OSIA 's new runway system east to the conservation area adjacent to
Lake Jesup.
The City and County shall ensure that land uses surrounding the airport are compatible with noise
levels generated by the airport use through the following measures:
All land east or south of the OSIA's new runway system shall be developed based on the
part 150 Noise Exposure Maps and Compatibility Plan prepared in 2001 for the OSIA by
Environmental Science Associates (ESA), as approved by the FAA and any revisions to the
noise exposure maps that may occur as the result of airport development. If new residential
land uses or residential zoning districts are permitted, an avigation easement and
development order approval shall be required
3. The following uses are compatible with the Airport:
Industrial parks; corporate business parks; commercial developments; office complexes;
attendant retail; service and hotel use; medium and high-density rental residential
developments between the 60 and 65 DNL; agricultural uses; public uses;
5. An avigation easement shall be required and included in the recorded deed of any new lot
prior to the construction of a single-family dwelling unit or a multi family dwelling unit
for properties located in the area depicted in Map 1-13 of the City Comprehensive Plan.
All development must be phased concurrent with major public roadway improvements and
installation of drainage, sewer and water utilities.
Seminole County and Sanford will encourage mass transit facilities in the area and jointly work
toward the restoration of Lake Jesup.
Resource Protection and Conservation lands must be protected from the adverse impacts of
development with open space requirements, clustering, conservation easements, wetland buffers
and transition areas.
To minimize land use/noise conflicts, the County shall recommend that the Sanford Airport
Authority purchase lands where noise contours are 65 and greater DNL consistent with the FAA
Part 150 OSIA Noise and Land Use Compatibility Program approved by the Federal Aviation
Administration.
No new residential future land use and/or zoning is allowed within the areas covered by a noise
contour of 60 DNL and higher. New public educational facilities shall be prohibited if within three
hundred (300) feet of the centerline of the OSIA's new runway system east to the conservation area
adjacent to Lake Jesup.
The HIP -Airport Area will be developed to accommodate an area wide composite land use mix as
described below:
General Use
Min
Max
Medium - High Density Residential
Uses
0%
0.50
Industrial Uses
50%
75.5%
Commercial Uses
25%
50%
Comprehensive Plan
Staff has outlined relevant Goals, Objectives and Policies (GOP's) and specific excerpts that
support the proposed land use amendment:
OBJECTIVE FLU 1.9: Utilize Airport Industry and Commerce Land Use Designation
(AIC).
The "Airport Industry and Commerce" (AIC) land use designation is a high-intensity mixed use
policy for managing lands comprised of the Orlando Sanford International Airport and adjacent
lands capable of supporting a variety of residential rental properties and commercial and industrial
uses.
Policy FLU 1.9.1: Establish performance criteria for development within the AIC.
The following criteria shall be adhered to for all development within the AIC District.
a. The Airport Industry and Commerce designation is intended to encourage the expansion of
industrial land and provide additional areas for mixed-use development that would be compatible
with airport operations.
b. The majority of such land is located in airport property and is subject to the Airport Master Plan.
Certain properties, primarily east of Beardall Avenue, are located in the 2009 noise zone.
c. The Orlando -Sanford Airport shall develop according to the current Airport Layout Plan (ALP),
adopted by reference herein.
d. Upon annexation of lands that are currently within the jurisdiction of Seminole County and are
included in the ALP, the lands will be automatically given the land use designation of Airport
Industry Commerce and a zoning designation consistent with the existing zoning of the Airport.
e. The land use mix in the AIC is intended to provide a full range of urban services and facilities
including:
o Industrial and Business Parks;
o Office Complexes;
o Commercial and retail developments;
o Service and hotel uses; and
o Medium to high density multifamily residential developments, where located in
accordance with those requirements contained within this policy.
f. The maximum intensity of industrial and commercial development measured as floor area is 1.0.
The maximum intensity for residential uses is 50 units per acre, with a minimum density of 10
units per acre, compatible with adjacent uses. Distribution of specific densities and intensities for
this district shall be in accordance with Table FLU -2 of this Element.
g. The Development Review Team, the Airport Zoning Board and the Airport Design Review
Team shall review development included in the ALP for compliance with the Sanford LDRs.
Development contemplated by the ALP shall comply with all LDRs included, but not limited to,
setbacks, landscaping, parking, drainage and floor area ratios except where such regulations
conflict with Federal Aviation Authority (FAA) rules and regulations.
m. Developments within the AIC that exist prior to the adoption of this Plan will be
"grandfathered". However, all new development in the Airport Industry and Commerce Area
outside the Airport boundaries shall incorporate those performance criteria established under
Policy FLU 1.1.7, as well as those criteria listed below:
o Narrative and graphic information required for review of rezoning petitions, for site
plan review, and other related procedural requirements;
o Impact analysis, including plans for managing any potential impacts on air operations;
o Noise impact analysis, including required sound insulation in areas within the airport
impact noise zones;
o Requirements for controlled access and internal circulation, including provisions for
cross access easements, and joint use of driveways;
o Requirements for perimeter buffer yards;
o Management framework for encouraging development of strategically planned
sub -centers of commerce and industry;
o Dedication of necessary rights-of-way; and
o Use of pedestrian and mass transit facilities to reduce vehicle trips.
As required by the City of the Sanford - Seminole County Joint Planning Agreement (JPA). At
this time, the applicant has requested to amend the Zoning from Seminole County Industrial (M-
1) to City of Sanford Restricted Industrial (RI -1). A corresponding application to amend the future
land use from Seminole County Industrial (IND) to City of Sanford Airport Industry & Commerce
(AIC) has also been submitted.
Upon review of the request, staff has determined that the proposed Rezone is compatible with the
surrounding nearby zonings and uses and is consistent with the goals, objectives, and polices of
the Comprehensive Plan, Lake Mary Boulevard Small Area Study, and JPA.
It is anticipated that on its regularly scheduled meeting, the Planning and Zoning Commission will
recommend the City Commission approve the request to rezone 9.25 acres at project address 2880
East Lake Mary Boulevard from Seminole County Agriculture (A-1) and Seminole County
Industrial (M-1) to City of Sanford Restricted Industrial (RI -1).
LEGAL REVIEW:
The City Attorney may or may not have reviewed the staff report and the specific analysis provided by
City staff but has noted the following that should be adhered to in all quasi-judicial decisions.
Section 166.033, Florida Statutes, as amended in the 2022 Legislative Session, in Chapter 2021-224,
Laws of Florida (deriving from Committee Substitute for Committee Substitute for House Bill Number
1059) provides as follows (please note emphasized text):
"166.033 Development permits and orders.—
(1) Within 30 days after receiving an application for approval of a development permit or
development order, a municipality must review the application for completeness and issue a letter
indicating that all required information is submitted or specifying with particularity any areas that are
deficient. If the application is deficient, the applicant has 30 days to address the deficiencies by
submitting the required additional information. Within 120 days after the municipality has deemed the
application complete, or 180 days for applications that require final action through a quasi-judicial
hearing or a public hearing, the municipality must approve, approve with conditions, or deny the
application for a development permit or development order. Both parties may agree to a reasonable
request for an extension of time, particularly in the event of a force majeure or other extraordinary
circumstance. An approval, approval with conditions, or denial of the application for a development
permit or development order must include written findings supporting the municipality's decision. The
timeframes contained in this subsection do not apply in an area of critical state concern, as designated
in s. 380.0552 or chapter 28-36, Florida Administrative Code.
(2)(a) When reviewing an application for a development permit or development order 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.
(b) If a municipality makes a request for additional information and the applicant submits the
required additional information within 30 days after receiving the request, the municipality must
review the application for completeness and issue a letter indicating that all required information has
been submitted or specify with particularity any areas that are deficient within 30 days after receiving
the additional information.
(c) If a municipality makes a second request for additional information and the applicant submits the
required additional information within 30 days after receiving the request, the municipality must
review the application for completeness and issue a letter indicating that all required information has
been submitted or specify with particularity any areas that are deficient within 10 days after receiving
the additional information.
(d) Before a third request for additional information, the applicant must be offered a meeting to
attempt to resolve outstanding issues. If a municipality makes a third request for additional information
and the applicant submits the required additional information within 30 days after receiving the request,
the municipality must deem the application complete within 10 days after receiving the additional
information or proceed to process the application for approval or denial unless the applicant waived
the municipality's limitation in writing as described in paragraph (a).
(e) Except as provided in subsection (5), 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.
(3) When a municipality denies an application for a development permit or development order,
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 or order.
(4) As used in this section, the terms "development permit" and "development order" have the same
meaning as in s. 163.3164, but do not include building permits.
(5) 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 or
development order 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.
(6) Issuance of a development permit or development order by a municipality does not 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 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.
(7) 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).
The term "development order" is defined as follows and, as can be seen, refers to the "granting,
denying, or granting with conditions [ofd 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).
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 City Commission
in the event of such occurrence. Accordingly, any motion to deny must state, with particularity, the
basis for the proposed denial.
The City Commission has also expressed its desire for all who vote against the majority decision to
express the rationale for their vote with regard to all matters.
When voting on matters such as whether to recommend approval of an amendment to the City's
Comprehensive Plan or the enactment of, or amendment to, a land development regulation, those
matters are legislative in nature and not quasi-judicial matters.
The City Commission approved the first reading of Ordinance No. 2024-4798, on August 12, 2024.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on August 18, 2024.
RECOMMENDATION:
Staff finds that Rezone appropriate and suitable for the subject site, compatible with the
surrounding land uses and consistent with the City of Sanford Comprehensive Plan. On July 11,
2024, the Planning and Zoning Commission, pursuant a recommendation of staff, recommended
the City Commission adopt Ordinance No. 2024-4798, to rezone 9.25 acres at project address
2880 East Lake Mary Boulevard from Seminole County Agriculture (A-1) and Industrial (M-1) to
City of Sanford Restricted Industrial (RI -1) based on consistency with the City of Sanford's
Comprehensive Plan, the JPA, and the and Lake Mary Boulevard Small Area Study.
Additional comments or recommendations may be presented by staff at the meeting.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2024-4798."
Attachments: 1. Project Information Sheet
2. Aerial Map
3. Zoning Map
4. Affidavit of Ownership
5. CAPP Meeting Report
6. Survey
7. Business Impact Statement
8. Ordinance No. 2024-4798
' Y PROJECT INFORMATION -- 2880 EAST LAKE MARY BOULEVARD
1 REZONE
Requested Action: Rezone 9.25 acres at project address 2880 East Lake Mary Boulevard from Seminole
County Agriculture (A-1) and Seminole County Industrial (M-1) to City of Sanford
Restricted Industrial (RI -1).
Proposed Use: No proposed use at this time. Uses will be determined at time of development.
Project Address: 2880 East Lake Mary Boulevard
Current Zoning/ Parcel Number: 08-20-31-300-0370-0000 - Seminole County Agriculture (A-1)
Parcel Number(s): Parcel Number: 08-20-31-300-037A-0000 - Seminole County Industrial (M-1)
Proposed Zoning: Restricted Industrial (RI -1) (City of Sanford)
Current Land Use: Vacant
Site Area: 9.25 Acres
Property Owner: James Williams - JLW Lake Doctors LLC
725 Williams Road
New Smyrna Beach, FL 32168
Applicant/Agent: Bryan Potts, P.E. Phone: (407) 982-9878
2494 Rose Spring Drive Email: bpotts@tannathdesign.com
Orlando, FL 32825
CAPP Meeting: A CAPP (Citizens Awareness and Participation Plan) meeting was held on April 16,
2024.
Commission District: District 1 — Commissioner Sheena Britton
Zoning Future Land Use Current Use
North Restricted Industrial (RI -1) Airport Industry & Commerce (AIC) Vacant Airport Property
South City of Sanford Planned
Development (PD)
East City of Sanford Agriculture
(AG)
West Seminole County Agriculture
(AR -1)
City of Sanford Low Density Residential Wyndham Preserve
— Single Family (LDRSF) Subdivision
Airport Industry & Commerce (AIC) Vacant
Seminole County Industrial (IND) Single Family Residential
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.
Current Future Land Use: Seminole County Industrial (IND)
Proposed Future Land Use: City of Sanford Airport Industry & Commerce (AIC)
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G'S ORD 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:
1. Ownership
11, James Williams, JLW Lake Doctors LLC hereby attest to ownership of the property described below:
Tax Parcel Number(s): 08-20-31-300-0370-0000 & 08-20-31-300-037A-0000
Address of Property:
for which this Annexation, Comp, Plan Amendment, & Rezone application is submitted to the City of Sanford.
If. 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): 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 Applicants 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 Applicants 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 11 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.
1
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: JLW Lake Doctors, 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/OFFICEITRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
James Williams
Manager
725 Williams Road
New Smyrna Beach, FL 32168
(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 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.
glz3)z(
- Date
STATE OF FLORIDA
COUNTY OF V �tu5 61
W r, Xgent, pplicant Signature
Sworn to (or affirmed) and subscribed before me by , L lN�ltl��� j b� �vl�S tL,0'1 f (t'S t'h t-
on this Z 3 day of P Y \, , 20 z -t -j .
Signature of Ndtary Public
Personally Known OR roduced Identification>
Type of Identification Produced f 10V ;M VL
Affidavit of Ownership - January 2015
Print, Type or Stamp Name of Notary Public
n;�PY c;;Y.c: HALEY MULDOWNEY
F: GommiWon # HH 460203
P Expires November 4, 2027
Tannath Design, Inc.
2494 Rose Spring Dr.
Orlando, FL 32825
(407) 982-9878
www.tannathdesign.com
April 18, 2024
Darren Ebersole
Planning and Development Services
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Re: Annexation, Land Use Amendment, and Rezone
NE Corner of E Lake Mary Blvd and Laura Avenue
Parcel Number's: 08-20-31-300-037A-0000 & 08-20-31-300-0370-0000
Dear Mr. Ebersole,
This letter shall serve as our Final Report under a CAPP for this Annexation, Land Use and
Rezone.
A letter explaining what is being done with these parcels was sent via US Mail on March 28th to
the property owners within 500' of the proposed project. A copy of this letter and the list of
property owners is attached for your reference.
We held a Community Meeting at Harvest Time International on 04-16-24 at 7PM:
We had two neighbors show up to discuss the project.
Andrew Cleaver - 3600 Laura Avenue - 321-282-9795
Shannon Kelly - 2425 Brooks Lane - 407-276-2723
They asked about the project, but were not opposed.
To date we have had no other correspondence, either verbally or written with any other parties
that received the CAPP letter.
If you have any questions, please do not hesitate to contact me.
Bryan Potts, P.E.
Tannath Design Inc.
2494 Rose Spring Drive
Orlando, FL 32825
(407) 982-9878
bpotts tannathdesign.com
Tannath Design, Inc.
2494 Rose Spring Dr.
Orlando, FL 32825
(407) 982-9878
www.tannathdesign.com
March 28, 2024
Dear Current Property Owner,
Tannath Design Inc. would like to inform you of a proposed Annexation, Land Use Amendment
& Rezone of property located at the northeast corner Laura Avenue & E Lake Mary Blvd,
Sanford Avenue. See Attached Property Cards. The Land Use Amendment will change the
property from M1 & Al to AIC. This Land Use and Zoning are to match the properties around
the site in the County. The zoning proposed is R11
There is currently no proposal for development, this action is just to bring these two parcels into
the City for future development.
Property Cards are attached.
A CAPP meeting will be held at 7PM on April 16th at the address below:
Harvest Time International Inc.
225 Harvest Time Drive
Sanford, FL 32771
Tannath Design Inc. would like to address concerns or comments that you may have regarding
this PD Amendment.
Sincerely,
Bryan Potts, P.E.
Tannath Deign Inc.
2494 Rose Spring Drive
Orlando, FL 32825
(407) 982-9878
bpotts(c�tannathdesign.com
SEMINOLE COUNTY
PROPERTY APPRAISER
im
Property Address E LAKE MARY BLVD SANFORD, FL 32773
3 3 Sorry, filo Image
5 Available at this Time
Parcel 08-20-31-300-037A-0000
$91
$0
$91
COUNTY GENERAL FUND
• JLW LAKE DOCTORS LLC
$0
$91
Schools
$91
$0
$91
Valuation Method
Cost/Market
Cost/Market
Property Address:, E LAKE MARY BLVD SANFORD, FL 32773
Attn: James Williams 725 WILLIAMS RD NEW SMYRNA, FL
Number of Buildings
0
0
Mailing 32168-7899
Depreciated Bldg Value
Subdivision Name
Depreciated EXFT Value
Tax District G1 -AGRICULTURAL
Land Value (Market)
$181,800
$181,800
DOR 62 -GRAZING LAND
Land Value Ag
$91
$91
ExemptionsNone
Just/Market Value
$181,800
$181,800
AG Classification Yes
Portability Adj
Save Our Homes Adj
$0
$0
Non-Hx 10% Cap (AMD 1)
$0
$0
P&G Adj
$0
$0
Assessed Value
$91
$91
2023 Certified Tax Summary
2023 Tax Amount w/o Exemptions $1,896.61
2023
Tax Savings with Exemptions
$1,895.66
2023 Tax Bill Amount $0.95
Does NOT INCLUDE Non Ad Valorem Assessments
SEC 08 TWP 20S RGE 31 E
W 151.55 FT OF SW 1/4 OF SE 1/4 OF SE 1/4 (LESS RY & CANAL R/W & RD)
SJWM(Saint Johns Water Management)
$91
$0
$91
COUNTY GENERAL FUND
$91
$0
$91
Schools
$91
$0
$91
March 5, 2024 01:01 PM Page 112
SEMINOLE COUNTY
PROPERTY APPRAISER
DAVID JOHNSON. CFA
Parcel 08-20-31-300-0370-0000
Property Address SANFORD, FL 32773
2023 Tax Amount w/o Exemptions
2023 Tax Bill Amount
SEC 08 TWP 20S RGE 31 E
SW 1/4 OF SE 1/4 OF SE 1/4 (LESS
RY & CANAL RM & RD & W 151.55 FT)
Sorry, No Image
Available at this Time
March 5, 2024 01:01 PM Page 1/2
Valuation Method
Cost/Market
Cost/Market
RD NEW SMYRNA, FL
Number of Buildings
0
0
Depreciated Bldg Value
Depreciated EXFT Value
Land Value (Market)
$518,433
$518,433
Land Value Ag
$292
$292
Just/Market Value
$518,433
$518,433
Portability Adj
Save Our Homes Adj
$0
$0
Non-Hx 10% Cap (AMD 1)
$0
$0
P&G Adj
$0
$0
Assessed Value
$292
$292
$5,408.50
2023 Tax Savings with Exemptions
$5,405.45
$3.05
Does NOT INCLUDE
Non Ad Valorem Assessments
March 5, 2024 01:01 PM Page 1/2
AGUTAR, JACQUELINE & AGUTAR CARABALLO, HECTOR 1
BALAGUER, AILED D &ALVELO, ANIBALI
CLEAVER, ANDREW
CSX TRANSPORTATION INC
CURTIS, CARLA V
DAWSON, ALVERN D & SCOTT-DAWSON, KAREN R
FASCIANA, ERNEST G
FULSANG, DONALD S & NORTON, SUSAN G
GONZALEZ, EDUARDO L & CABALLERO, ILIARA
JESUS IMAGE INC
LAWSON, LARRY L & SHIRLEY M
MAJORS, ROBERT L
MASAI HOL 103 COMMERCE ST
MATTESON, JESSICA
MAYBERRY, BRADLEY W & TONI E
MELDRUM, JASON P
PARSONS, JAMES C 1R & THERESA G
PURVIS, MATTHEW & KERSTIN
PYLE, EUGENE C & ROSEMARIE G
PYLE, GENEEN N & PYLE, JAMES 0
RED SIPES INVESTMENTS LLC
ROBERTS, JACOB S
RUIZ, CARLOS & ELIZABETH N
S & S FAMILY PROPERTIES LLC & SIMONS, B J 1R
SANFORD AIRPORTAUTH/CITY OF SANFORD
SEMINOLE B C C
SFB AIR PAI 3595 W LAKE MARY BLVD
TOLFA, SARAH W &TOLFA, ROBERT JR
TOMER, NONE A & ANAMIKA S
UEHLINGER, ROBERT & BRITTNEY R
WARREN, PATRICIA&JOHN EJR
WYNDHAM C/O MELROSE MGMT
2650 FLICKER CV
SANFORD, FL 32773-7070
3730 LAURA AVE
SANFORD, FL 32773-6669
3600 LAURA AVE
SANFORD, FL 32773-6642
500 WATER ST
JACKSONVILLE, FL 32202-4423
2661 FLICKER CV
SANFORD, FL 32773-7071
2682 FLICKER CV
SANFORD, FL 32773-7070
1315 PINE WAY
SANFORD, FL 32773-7234
2897 E LAKE MARY BLVD
SANFORD, FL 32773-6601
3211 SAN LEO DR
ORLANDO, FL 32820-1431
PO BOX 950640
LAKE MARY, FL 32795-0640
3700 SIPES AVE
SANFORD, FL 32773-6619
2674 FLICKER CV
SANFORD, FL 32773-7070
UNIT 160
LAKE MARY, FL 32746-6291
2634 FLICKER CV
SANFORD, FL 32773-7070
2669 FLICKER CV
SANFORD, FL 32773-7071
2626 FLICKER CV
SANFORD, FL 32773-7070
131 N TRIPLET LAKE DR
CASSELBERRY, FL 32707-3321
2666 FLICKER CV
SANFORD, FL 32773-7070
3720 SIPES AVE
SANFORD, FL 32773-6619
2755 SAND DOLLAR PT
SANFORD, FL 32773-6522
PO BOX 941618
MAITLAND, FL 32794-1618
3690 LAURA AVE
SANFORD, FL 32773-6642
2653 FLICKER CV
SANFORD, FL 32773-7071
PO BOX 530898
DEBARY, FL 32753-0898
1200 RED CLEVELAND BLVD
SANFORD, FL 32773-4202
1101 E 1ST ST
SANFORD, FL 32771-1468
# B
LAKE MARY, FL 32746-6669
2642 FLICKER CV
SANFORD, FL 32773-7070
2645 FLICKER CV
SANFORD, FL 32773-7071
2658 FLICKER CV SANFORD, FL 32773-7070
16220 FOUR LAKES LN MONTVERDE, FL 34756-3027
1600 W COLONIAL DR ORLANDO, FL 32804-7008