HomeMy WebLinkAbout4826 Rezone 1.44 acres at 4021 Church StreetOrdinance No. 2025-4826
An ordinance of the City of Sanford, Florida providing for the rezoning
of real property totaling 1.44 acres in size (Tax identification Parcel
Number 21-19-30-505-0000-0040 which is generally addressed as
4021 Church Street) within the City Limits (map of the property
attached) from Planned Development (PD) zoning district to the
Restricted Industrial (RIA) zoning district; 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, 4015 Church Street Holdings, LLC is the owner of certain real
property which land totals approximately 1.44 acres in size; and
Whereas, the managing member of 4015 Church Street Holdings, LLC is Alexa
Padilla; and
Whereas, the property owner's representative applicant, Bryan Potts, P.E.,
implemented the Citizen Awareness and Participation Plan (CAPP) process to the
satisfaction of the City relative to which the required CAPP report was submitted to the
City and a CAPP meeting was held on February 13, 2024; and
Whereas, the subject property is located at 4021 Church Street and is assigned
Tax Parcel Identification Number 21-19-30-505-0000-0040 by the Property Appraiser of
Seminole County; and
Whereas, the subject property is located on the south side of Church Street,
approximately 250' east of its intersection with Monroe Road; and
Whereas, the proposed development is impacted by the provisions the 2015
City of Sanford/Seminole County Joint Planning Agreement (JPA) as it is located within
Sub -Area 8 of the JPA and all lands in this area annexed by the City subsequent to the
JPA being entered have been assigned the Westside Industry Commerce (WIC) future
land use designation; and
Whereas, the WIC future land use designation is assigned to an area which is a
mixed-use area and is intended to promote the development of employment centers in
the vicinity of the West State Road 46 corridor and the SunRail commuter rail station with
the corridor's proximity to Interstate Highway 4 as well as State Road 417 providing
access to regional markets and a substantial labor force, and
Whereas, the property owner is seeking to redevelop the property with a
warehouse; and
Whereas, the property 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 to the Restricted Industrial (RI -1) zoning district from
the Planned Development (PD) zoning district; 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 May 8, 2025 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
21
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 1.44 acres in size, shall be
rezoned from the Planned Development (PD) zoning district to the Restricted Industrial
(RI -1) zoning district:
Tax Identification Parcel Number Owner
21-19-30-505-0000-0040 4015 Church Street Holdings, LLC
or:
Lot 4 (less the east 200') and that part of Lot 3 east of the centerline of
the canal (less the north 15' for a road), subdivision of the AMENDED
PLAT MANN'S SUBDIVISION, according to the plat thereof as
recorded in Plat Book 6, Page 89, of the Public Records of Seminole
County, Florida.
(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
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 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
4
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 be 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 23rd day of June, 2025.
Attest:
of I Crn�.
tqd
hin, MMC, FCRM
k �Teas to form and legality: l
jLUi n d s a yN reen6e, Esquire
City Attor y
City Commission , of the City of
Sanford, Flo i
/ I F K ✓ /
rI
P �b
51Pa�e
i/ CITY OF
SANFORD
FLORIDA
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.
An ordinance of the City of Sanford, Florida providing for the rezoning of real
property totaling 1.44 acres in size (Tax identification Parcel Number 21-19-
30-505-0000-0040 which is generally addressed as 4021 Church Street)
within the City Limits (map of the property attached) from Planned
Development (PD) zoning district to the Restricted Industrial (RI -1) zoning
district; 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.
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.
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):
This is a rezoning ordinance which was enacted upon application of the property owner.
2. Estimate of direct economic impact of the proposed ordinance on private, for-profit
businesses in the City:
None.
3. Estimate of direct compliance costs that businesses may reasonably incur:
None.
4. Any new charge or fee imposed by the proposed ordinance:
None.
5. Estimate of the City's regulatory costs, including estimated revenues from any new
charges or fees to cover such costs:
The effect of the proposed ordinance, which was enacted upon application by the property
owner, should enhance the economic goals and investment backed expectations of the
property owner.
6. Good faith estimate of the number of businesses likely to be impacted by the proposed
ordinance:
None.
7. Additional information
Reference to the City staff report/agenda memorandum and the public hearings on the
proposed ordinance may be of assistance.
31
I PROJECT INFORMATION -- 4021 CHURCH STREET
REZONE
Requested Action: Rezone 1.44 acres at project address 4021 Church Street from
Planned Development (PD) to Restricted Industrial (RI -1).
Proposed Use: Warehouse
Project Address: 4021 Church Street
Current Zoning: Planned Development (PD)
Proposed Zoning: Restricted Industrial (RI -1)
Current Land Use: Office/Residential
Tax Parcel Number: 21-19-30-505-0000-0040
Site Area: 1.44 Acres
Property Owner: 4005 4015 Church Street Holdings, LLC
4005 Church Street
Sanford, FL 32771
Applicant/Agent: Brian Potts
2494 Rose Spring Drive
Orlando, FL 32825
Email: bpotts@tannathdesign.com
CAPP Meeting: A CAPP meeting was held on February 13, 2024
Commission District: District 2 — Commissioner Herry Wiggins
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: Westside Industry and Commerce
Existing Land Use: Office/Residential
691
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Zoning
Agrcu.ture
General Commerccai
Med um Insdustr&
Mob le Home
VA -Far, Res. C:ftice.`rstt..to^,al
Mit -yam. Res dent a ' 5DWdc.
V. t -ram_ Res dente _ODU'ac.
Mu!t-Pam. Res dente 8DWec
Parks, Recreation and Ooen Space
Planned Deve:opment
Restricted Commerce el
Restrced Inc,strw
Smgie Pem. Res dential '0 C-00 sq. ft Lots
Single Pam. Res dentlei o CO sq. ft Lots
Single Pem_ Res denral 7,500 sq. ft Low
Spec a Commercal
I
Saint Josephs
9
663
0
671
661 1 a
667 1
563
659
(*55 I 1174
651 4
647
643 y
Site:
4021 Church Street
21-19-30-505-0000-0040
Site:
4021 Church Street
21-19-30-505-0000-0040
SANFORD
flrq Ds
AFFIDAVIT OF OWNERSHIP AND DESIGNATION OF AGENT
www.—fordfl. gov
Please use additional sheets as needed. If any additional sheets are attached to this document, please sign here and note below.
Ownership Hunter Potalivo.
1 4005 4015 Church Street Holdings, LLC
Tax Parcel Number(s): 21-19-30-505-0000-0040
Address of Property: 4005 Church Street, Sanford FL 32771
for which this Rezone
hereby attest to ownership of the property described below:
application is submitted to the City of Sanford.
II. Designation of Applicant's Agent (leave blank if not applicable)
As the owner/applicant of the above designated property for which this affidavit is submitted, I designate the below named individual
as my agent in all matters pertaining to the application process. In authorizing the agent named below to represent me, or my
company. I attest that the application is made in good faith and that all information containe i 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:
Ill. Notice to Owner
A. All changes in Ownership and/or Applicant's Agent prior to final action of the City shall require a new affidavit If ownership
changes, the new owner assumes all obligations related to the filing application process.
B. If the Owner intends for the authority of the Applicant's Agent to be limited in any manner, please indicate the limitations(s)
below. (i.e : limited to obtaining a certificate of concurrency; limited to obtaining a land use compliance certificate, etc.)
The owner of the real property associated with this application or procurement activity is a (check one)
- Individual Corporation Land Trust - Partnership 4 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
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 (2416) 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: 4005 4015 Church Street Holdings. 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/OFFICEfTRUSTEE
OR BENEFICIARY
ADDRESS
% OF
INTEREST
Hunter Potalivo
Manager
4005 Church Street, Sanford FL 32771
too
(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
I affirm that the above representations are true and are based upon my personal knowledge and belief after all reasonable inquiry. I
understand that any failure to make mandated disclosures is grounds for the subject rezone. future land use amendment, special
exception, or variance involved with this Application to become void or for the submission for a procurement activity to be non-
responsive. I certify that I am legally authorized to execute this Affidavit and to bind the Applicant or Vendor to the disclosures
herein.
1I v I k<
Date
STATE OF FLORIDA
COUNTY OF SMI+�If✓
Sworn to (or affirmed) and subscribed before me by
on this i 1 day of S �1ry 20a5
!SigtJ#ro Notary Public
Personally Known x OR Produced Identification
Type of Identification Produced
r,boa'o c• Ch.— «.r - Ja-; I,, 20? 5
Owner, Agent, Applicant Signature
Print. Type or Stamp Name of Notary Public
WI Mt ILM A -Po
*? WCOMMISM / NH 383864
WM. Fdwwy 16, 202T
1/20/25, 3:42 PM Detail by Entity Name
impartment of State / Division of Corporations / Search Records / Search by Entily,Name /
Detail by Entity Name
Florida Limited Liability Company
4005 4015 CHURCH STREET HOLDINGS, LLC
Filing Information
Document Number L23000221417
FEI/EIN Number 92-3870983
Date Filed 05/04/2023
Effective Date 05/04/2023
State FL
Status ACTIVE
Principal Address
4005 CHURCH STREET
SANFORD, FL 32771
Maili4g Address
4005 CHURCH STREET
SANFORD, FL 32771
Reaistered Agent Name & Address
PADILLA, ALEXA
4005 CHURCH SREET
SANFORD, FL 32771
Authorized Person(a) Detail
Name & Address
Title MGR
POTALIVO, HUNTER
4005 CHURCH STREET
SANFORD, FL 32771
Annual Reports
Report Year Filed Date
2024 02/05/2024
Document Images
02/05/2024 --ANNUAL REPORT View image in PDF format
05/04/2023 -- Florida Limited Liabilitv View image in PDF format
https://search.sunbiz org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=40054015... 1/2
?Jannath Design, Inc.
2494 Rose Spring Dr.
Orlando, FL 32825
. (407) 982-9878
www.tannathdesian.com
February 14, 2025
Darren Ebersole
Planning and Development Services
City of Sanford
300 North Park Avenue
Sanford, FL 32771
Re: Rezone
4021 Church Street, Sanford FL 32771
Parcel Number's: 21-19-30-505-0000-0040
Dear Mr. Ebersole,
This letter shall serve as our Final Report under a CAPP for the 4021 Church Street Rezone.
A letter explaining what is being done with these parcels was sent via US Mail on January 28 1h
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 225 Harvest Time Drive Sanford, FL 32771 on 02-13-24 at
6PM:
No one showed up for the meeting. One neighbor across the street contacted us to discuss the
project but had no objection.
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
�annath Design, Inc.
2494 Rose Spring Dr.
Orlando, FL 32825
(407) 982-9878
www.tannathdesian.com
January 28, 2025
Dear Property Owner,
Tannath Design Inc. would like to inform you of a proposed Rezone of the subject property form
PD to RI -1, see the attached concept. The PD was approved in Seminole County, it allows a
warehouse, but we want to change to Sanford Zoning. The property is located at 4021 Church
Street in Sanford. See Attached Property Card.
The Property Card is also attached.
The meeting is scheduled for February 13th from 6:00-7:00 PM at:
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
these process.
Sincerely,
Bryan Potts, P.E.
�7W
Tannath De(slgn Inc.
2494 Rose Spring Drive
Orlando, FL 32825
(407) 982-9878
bQotts(cDtannathdesign.com
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PLAN
CHURCH STREET WAREHOUSE
4021 CHURCH ST
...
SANFORD. FLORIDA 32771
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SEMINOLE COUNTY
PROPERTY APPRAISER
OAVIO JOHNSON, CFA
Parcel 21-19-30-505-0000-0040
Property Address 4021 CHURCH ST SANFORD, FL 32771
21-19-30-505-0000-0040
4005 4015 CHURCH STREET HOLDINGS LLC
4021 CHURCH ST SANFORD, FL 32771
4005 CHURCH ST SANFORD, FL 32771-6945
MANNS SUBD AMENDED PLAT
Sl-SANFORD
12 -MIXED COMMERCIAL/RESIDENTIAL
None
No
Devlen Engineering
2023 Tax Amount w/o Non-Hx Cap
2023 Tax Bill Amount
LOT 4 (LESS E 200 FT) & THAT
PT OF LOT 3 E OF C/L CANAL
(LESS N 15 FT FOR RD)
AMENDED PLAT MANNS SUBD
PB 6 PG 89
21193050500000040 05/02/2023
Valuation Method
Number of Buildings
Depreciated Building Value
Depreciated Other Features
Land Value (Market)
Land Value Agriculture
Just/Market Value
Portability Adjustment
Save Our Homes
Adjustment/Maximum
Portability
Non-Hx 10% Cap (AMD 1)
P&G Adjustment
Assessed Value
Cost/Market Cost/Market
1 1
$106,170 $96,217
$216,788 $216,788
$322,958 $313,005
SO $0
$28,434 $45,256
$0 $0
$294,524 $267,749
$5,558.15 2023 Tax Savings with Non-Hx Cap
$4,997.91
June 26, 2024 04:48 PM Page 113
$560.24
First Baptist Church of Lake Rivera, Israel B & Briganti Von Companies II LLC.
Monroe Inc. Rodriguez, Pamela H 790 Monroe Rd.
PO Box 470310 4055 Church St. Sanford, FL 32771-8877
Lake Monroe, FL 32747-0310 Sanford, FL 32771-6945
Schweizer, Garth & Berg,
Kathryn & Brosius,
PO Box 471206
Lake Monroe, FL 32747-1206
Mips of Sanford LLC
4005 Maronda Way
Sanford, FL 32771-6503
Flex Ability & Warehouse LLC &
Shopping Plaza Management LLC
2417 N. University Dr.
Coral Springs, FL 33065-5123
Seminole BCC
1101 E 1 st St.
Sanford, FL 32771-1468
Jacobmaxg LLC
1124 Kane Concourse
Bay Harbor Is, FL 33154-2013
Schweizer, Garth A
213 Wood Lake Dr.
Maitland, FL 32751-3155
RH Marketplace Holdco LLC.
400 N. Ashley Dr. #1750
Tampa, FL 33602-6015
G Mickus LLC
1041 Bloomsbury Run
Lake Mary, FL 32746-1975
Kat Jac Properties LLC
707 Monroe Rd.
Sanford, FL 32771-8816
CWP Monroe Investors LLC & O'dell, Richard Sr Bruce, Edgar R Enh Life Est &
Ocala North Etal PO Box 470792 Bruce, Mary Ann Enh
444 Seabreeze Blvd. Ste. 1,000 Lake Monroe, FL 32747-0792 PO Box 470083
Daytona Beach, FL 32118-3958 Lake Monroe, FL 32747-0083
Z2007-19 DEVELOPMENT ORDER 0 07-22000004
SEMINOLE COUNTY DEVELOPMENT ORDER
On November 13, 2007, Seminole County issued this Development Order
relating to and touching and concerning the following property described in the attached
legal description as Exhibit "A".
(The aforementioned legal description has been provided to Seminole County by the
owner of the subject property.)
FINDINGS OF FACT
Property Owner(s): Ronald and Kimberly Devlen
Project Name: Devlen Office Rezone
Requested Development Approval: Rezone from A-1 (Agriculture) to PCD (Planned
Commercial Development).
jl The Development Approval sought is consistent with the Seminole County
2 Comprehensive Plan and will be developed consistent with and in compliance to
06 applicable land development regulations and all other applicable regulations and
ordinances.
The owner of the property has expressly agreed to be bound by and subject to
the development conditions and commitments stated below and has covenanted and
agreed to have such conditions and commitments run with, follow and perpetually
burden the aforedescribed property.
w
Prepared by: Austin Watkins, Senior Planner
1101 East First Street
Sanford, Florida 32771
MARYANNE MORSE, CLERK OF CIRCUIT COURT
CLERK OF SEMINOLE COUNTY
BK 96907 P9s 8579 - 586; (8pgs)
FILE NUI'.[ 2008004414
RECORDED 91/14/2998 98:17:59 AN
RECORDING FEES 69.59
RECORDED BY B Harford
Book6907/Page579 CFN#2008004414
.22007-19
DEVELOPMENT ORDER # 07-22000004
NOW, THEREFORE, IT IS ORDERED AND AGREED THAT:
(1) The aforementioned application for development approval is GRANTED.
(2) All development shall fully comply with all of the codes and ordinances in
effect in Seminole County at the time of issuance of permits including all impact fee
ordinances.
(3) The conditions upon this development approval and the commitments made
as to this development approval, all of which have been accepted by and agreed to by
the owner of the property are as follows:
A. The project shall have a maximum allowable building square footage of 4,000
square feet.
B. Permitted Uses: Those uses permitted in the OP (Office) zoning classification.
C. Lighting shall not exceed 16' in height and shall be in the shoe -box cut-off style
with no more than 0.50 footcandles of spillage on adjacent properties.
D. The setbacks shall be as follows:
North: 25'
South: 10'
East: 10'
West: 10'
E. The buffers shall be as follows.
North: 15' buffer containing 2 canopy and 4 sub -canopy trees
South: 15' undisturbed buffer
East: 10' buffer containing 5 sub -canopy trees
West: Existing wetland and 25' wetland buffer
F. All mechanical equipment, ground or roof -mounted, shall be screened from off-
site view.
G. 25% open space shall be provided on the subject property.
H. The maximum allowable building height is 35'.
I. Development shall comply with the Preliminary Master Plan attached as Exhibit
SEMINOLE COUNTY BOAR"�.: •'... C
COUNTY COMMISSIONS 41
By: MCA AJ
Brenda arey, Chairman O c "
N
Book6907/Page580 CFN#2008004414
Z2007-19 DEVELOPMENT ORDER 0 07-22000004
OWNERS' CONSENT AND COVENANT
COMES NOW, the owner, Kimberly Devlen, on behalf of itself and its heirs
agents, successors, assigns or transferees of any nature whatsoever and consents to,
agrees with and covenants to dorm and fully abide by the provisions, terms,
conditions and commitme� orth in this Development Order.
OWNER:
Kimberly Devlen
Nam
Kimberly DeMn
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowled ed before me phis o7O7day of
2007, by /r//+liSEiP•C S/ l� E1/L 4
as CJwho is personally known to me ar-whe has
0"dsmed~ as identifir.aticiri-/
Notary 9, uh-lin
A ou. Nobry PuM SO* of Fbrlda
Brien R Loe
(Name 4f VdItEX WMt
My Commission Expires:
Book69071Page581 CFN#2008004414
22007-19 DEVELOPMENT ORDER 0 07-22000004
OWNERS' CONSENT AND COVENANT
COMES NOW, the owner, Ronald Devlen, on behalf of itself and its heirs agents,
successors, assigns or transferees of any nature whatsoever and consents to, agrees
with and covenants to perform and fully abide by the provisions, terms, conditions and
commitments set forth in this Development Order.
STATE OF FLORIDA
COUNTY OFiy/r/d�L
OWNER:
tmal—
Ronald Devien
The foregoing instrument was acknowledged before me this � cay of
,�•af-R , 2007, by Rcw.4�<� !�< PZei -i1/ ,
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Item No�• i'C
CITY COMMISSION MEMORANDUM 25.152
JUNE 9, 2025, AGENDA
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Eileen Hinson, AICP, Director of Planning
SUBMITTED BY: Norton N. Bonaparte, Jr., ICMA-CM, City Manager
SUBJECT: Rezone 1.44 acres at project address 4021 Church Street from Planned
Development (PD) to Restricted Industrial (RI -1); Ordinance No. 2025-
4826
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
❑ Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
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 AT THE 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 AT
THE HEARING.
SYNOPSIS:
A request to rezone 1.44 acres at project address 4021 Church Street from Planned Development
(PD) to Restricted Industrial (RI -1) has been received.
The property owner is 4015 Church Street Holdings, LLC whose Managing Member is Alex
Pedilla. The applicant, Bryan Potts, P.E., completed the Citizens Awareness and Participation Plan
(CAPP) meeting held on February 13, 2024. A copy of the report is attached, which is satisfactory
to the City.
The Affidavit of Ownership and Designation of Agent forms are attached, and other information
is available to ensure that all potential conflicts of interest are capable of being discerned.
FISCAL/STAFFING STATEMENT:
The assessed tax value, total tax bill, and property status for 2025 is shown below:
Parcel Number Assessed Value Tax Bill Property Status
(2025) (2025)
21-19-30-505-0000-0040 $484,370 $2,361 Office/Residential
It is the applicant's intent to redevelop the property with a warehouse. The proposed development
will generate additional tax revenue for the City.
No additional staffing is expected if the land use amendment is approved.
BACKGROUND:
The property is located on the south side of Church Street, approximately 250 feet east of its
intersection with Monroe Road.
In 2007 the property was rezoned by Seminole County from Agriculture, A-1, to Planned
Commercial Development, PCD, now referred to as PD. In 2017, the property was annexed into
the City, bringing with it the County approved PD. This request is to abandon the existing PD and
assign the conventional zoning of Restricted Industrial, RI -1.
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.
Seminole County Joint Planning Agreement (JPA) Compatibility
The "Westside Industry and Commerce" (WIC) area is a mixed-use designation intended to
promote the development of employment centers in the vicinity of the West SR 46 corridor and
the commuter rail station. The corridor's proximity to I-4 as well as SR 417 and the SunRail
commuter line provides access to regional markets and a substantial labor force. The WIC
designation permits both a vertical and horizontal land use mix of commercial, office, residential
with a maximum residential density of 20 dwelling units per acre.
Per Exhibit D, the subject property is within sub -area 8 of the JPA and Exhibit C the following
excerpts apply to this land use conversion.
All lands in this area annexed by the City subsequent to the JPA have received land use
designations of Westside Industry Commerce (WIC), the City's equivalent designations to HIP -
TI. City and County Comprehensive Plan policies for this area are very similar. The City's
densities and floor areas are slightly less intense than the County's. The County and the City
established gateway corridor standards for SR 46 to ensure compatible and aesthetically pleasing
development in the area. This area is developing rapidly, consistent with both the City and the
County's Comprehensive Plan policies and corridor standards. The County and City, working
together, have been successful in minimizing urban sprawl, providing affordable housing
opportunities and targeting industrial and commercial growth in this area. Both the County and
the City will continue to ensure that the area is developed consistently with their mutually agreed
upon standards and policies. This area should be reserved for target industry and SunRail
supporting development as there is limited vacant acreage available on which target industry will
site. Single-family and low or medium density residential developments are not compatible within
this area.
Comprehensive Plan
Upon review of the request, staff has determined that the proposed rezone is compatible with the
surrounding uses and is consistent with the goals, objectives, and policies of the Comprehensive
Plan and the WIC Future Land Use
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 hermit 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 authoritv 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 anv state or federal
aeencv unless the a2encv has issued a final a2encv action that denies the federal or state hermit
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 [of] an application":
"(15) `Development order' means any order granting, denying, or granting with conditions an
application for a development permit." (Section 163.3164(15), Florida Statutes).
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 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 approve Ordinance No. 2025-4826, on first reading on June 9, 2025.
The City Clerk published notice of the 2nd Public Hearing in the Sanford Herald on June 11, 2025.
RECOMMENDATION:
City staff recommend the City Commission adopt Ordinance No. 2025-4826.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 2025-4826.'
Attachments: 1. Ordinance No. 2025-4826
2. Project Information Sheet
3. Aerial Map
4. Zoning Map
5. Affidavit of Ownership
6. CAPP Meeting Report
7. Sem County PD Development Order
8. Business Impact Statement
8. Survey