4287 Rager PD Rezone Ordinance No 4287
An ordinance of the City of Sanford, Florida relating to the Rager
planned development; providing for the rezoning of real property
totaling approximately 24,851 square feet (0.57 acre) in size
(consisting in four tax parcels) and located at parcels addressed at
1115 Sanford Avenue, 402 Celery Avenue, 1121 Sanford Avenue and
1127 Sanford Avenue (Property Appraiser Tax Parcel Identification
Numbers: 25- 19- 30- 5AG -130A -0100, 30- 19 -31- 522 - 0000 -0370, 30 -19-
31- 522 - 0000 -0390 and 30- 19 -31- 522 - 0000 -037A) all located within the
City Limits (map of the property attached) from Planned
Development ( "PD ") as approved in Ordinance Number 4202,
enacted on January 25, 2010; providing for the taking of
implementing administrative actions; providing for the adoption of a
map and PD master plan by reference; repealing all conflicting
ordinances; providing for severability; providing for non - codification
and providing for an effective date.
Whereas, Rager Studios, Inc. and Communication Technologies, LLC are the
owners of certain real property, totaling approximately 24,851 square feet (0.57 acre) in
size (consisting of 4 tax parcels of real property) and located at parcels addressed at
1115 Sanford Avenue, 402 Celery Avenue, 1121 Sanford Avenue and 1127 Sanford
Avenue and 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 property
rezoned to the Planned Development ( "PD ") zoning classification from the existing PD;
and
Whereas, in 2009, Mr. Gary Rager, submitted a request to allow vehicular repair,
vehicular service and vehicular accessory sales and installation in addition to the then
existing uses at the subject properties with the following uses having, at that time, been
previously approved by the Planning and Zoning Commission for the subject properties:
❑ October 2001 - Conditional use to allow a paint booth at 1121 and 1123
Sanford Avenue for an auto /plastic body shop.
❑ May 2002 - Conditional use to allow indoor manufacturing at 1121 and
1123 Sanford Avenue to allow manufacturing related to Rager Studios, a specialty art
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manufacture.
❑ April 2005 - Conditional use to allow vehicular accessory sales and
installation at 402 Celery Avenue for a tire sales and service business; and
Whereas, on January 25, 2010, the City Commission enacted Ordinance
Number 4202 rezoning the subject properties to PD for a vehicular repair, vehicular
service and vehicular accessory sales and installation business with the following
conditions agreed to by the property owner in an executed Development Agreement
( #10 -07):
1. Pursuant to Section 4.3.G of the City's Land Development Regulations,
this rezoning shall expire three (3) years from the effective date of the approval of this
Ordinance if all improvements have not been completed or an extension granted.
2. A Development Plan meeting the requirements of the City's Land
Development Regulations and prepared by a Florida registered engineer must be
submitted, reviewed and approved by City staff and a Site Development Permit issued
within one hundred and twenty (120) days of the effective date of this Ordinance.
3. The final design and location of all driveways and access points
throughout the project will be determined during development plan review.
4. Landscape design along both road frontages must be enhanced over the
minimum standards of the Landscape Regulations of the City's Land Development
Regulations.
5. A comprehensive sign plan must be submitted and approved by staff as
part of the development plan review process.
6. The sale of any kind of motor vehicle including, but not limited to
21 age
automobiles, motorcycles, boats and power sports equipment, is prohibited.
7. Failure to comply with any of the conditions of approval, upon a finding
being made by the Code Enforcement Special Magistrate of the City and the recording
of his or her Order in that regard, shall automatically result in lapse of approval of the
action taken in this Ordinance and any implementing actions and the zoning of the
subject property shall automatically revert to the Restricted Commercial CRC-1") zoning
classification /district; and.
Whereas, the above requirements are included in PD Development Order
Number 10 -07 that was executed and recorded in the official records of Seminole
County on March 17, 2010 (Official Records Book 07350, Pages 1483 - 1499); and
Whereas, the owners have applied to rezone the subject 24,851 square feet
(0.57 acre) of real property in order to amend the current PD to allow limited automobile
dealer sales; and
Whereas, the City's Planning and Development Services Department has
conducted a thorough review and analysis of the demands upon public facilities should
the subject rezoning application be approved; and
Whereas, on March 7, 2013 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, together with the recommendations of the City staff,
recommended normative development conditions; and
Whereas, the 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
1. This is the condition proposed now to be modified.'
31Page
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 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 said recitals being
fully adopted and incorporated as an integral part of this Resolution.
(b). The Rager PD remains an approved PD project and the overall
development remains mostly unchanged. However, the specific change approved to
accommodate development objective is as set forth subsequently in this Ordinance.
(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.
Section 2. Rezoning of real property /implementing actions.
(a). Upon enactment of this Ordinance the following property, as depicted in
the map attached to this Ordinance, totaling 24,851 square feet (0.57 acre) in size, shall
be rezoned from the zoning classification resulting from a separate and distinct PD
zoning action by the City as approved in Ordinance Number 4202, enacted on January
25, 2010; relating to the Rager PD (parcels addressed at 1115 Sanford Avenue, 402
Wage
Celery Avenue, 1121 Sanford Avenue and 1127 Sanford Avenue or Property Appraiser
Tax Parcel Identification Numbers: 25- 19- 30- 5AG -130A -0100, 30-19-31- 522 -0000-
0370, 30- 19 -31- 522 - 0000 -0390 and 30- 19 -31- 522 - 0000 -037A) to a new and separate
and distinct PD with the development conditions as set forth herein.
(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.
(c). The conditions to be incorporated into the pertinent development order
(which must be signed and executed within 90 days of the enactment of this Ordinance
by the City Commission or the rezone reverts back to the previous PD zoning
classification) relating to the action taken in this Ordinance include those conditions as
set forth in Ordinance Number 4202, but now includes the following revision to
Condition Number 6:
The sale of abandoned or repaired vehicles serviced at the repair facility
located at 402 Celery Avenue for which services are unpaid is permitted.
No more than 3 motor vehicles may be displayed or offered for sale on
the subject property at any one time.
Section 3. Incorporation of documents. The documents 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
1 The Sanford Land Development Regulations define the term "vehicular sales" as: "[a]n establishment primarily
engaged in the retail selling of new and /or used automobiles and trucks, boats, farm equipment, road building
equipment, mobile homes travel trailers and pleasure craft that are normally displayed or kept outside. Vehicular
sales establishments may include repair departments provided such repair departments are incidental and
accessory to the principal retail selling of vehicles." The owners are not seeking to obtain a Florida Motor Vehicle
Dealer License, but instead is to allow vehicle sales as an ancillary or accessory use to the primary use that is
operating as a licensed vehicular accessory (tires) sales and installation business. The State of Florida, pursuant
Section 320.771, Florida Statutes, requires a dealer's license if one buys or sells three or more motor vehicles in a
12 -month period.
51P age
Ordinance are hereby repealed
Section 5. Severability. If any section, sentence, phrase, word, or portion of
this Ordinance is determined to be invalid, unlawful or unconstitutional, said
determination shall not be held to invalidate or impair the validity, force or effect of any
other section, sentence, phrase, word, or portion of this Ordinance not otherwise
determined to be invalid, unlawful, or unconstitutional.
Section 6. Non - codification. This Ordinance shall 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
the execution and recording of the Development Order referenced in this Ordinance;
provided, however, that said Development Order must be fully executed and delivered
to the City Clerk for recording within 90 days of the date of enacted of this Ordinance.
Otherwise, this Ordinance shall be null and void and of no force and effect.
Passed and adopted this 8 day of April, 2013.
Attest: City Commission o the ,City of
Sanford, Florida /
wr/g1,
1
anet Dougherty, Ci C lerk Jeff Triple ���'yor
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Approved as to form and legal sufficiency.
frP
William L. Colbert, City Attorney
61Page
DOCUMENTS ATTACHED HERE
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io Item No. - A
CITY COMMISSION MEMORANDUM 13 - 066
APRIL 8, 2013 AGENDA
To: Honorable Mayor and Members of he City Co • . -'on
PREPARED BY: Janet R. Dougherty, City Clerk ) ,d
SUBMITTED BY: Norton N. Bonaparte, Jr., City Manager
SUBJECT: Amendment to the Rager Planned Develo • ent
THIS IS A QUASI- JUDICIAL MATTER AND AS SUCH, REQUIRES
DISCLOSURE OF ALL EX -PARTE COMMUNICATIONS,
INVESTIGATIONS, SITE VISITS AND EXPERT OPINIONS REGARDING
THIS MATTER.
SYNOPSIS:
Ordinance No. 4287 to amend the Rager Planned Development in order to allow vehicular sales is
being considered for second reading and adoption.
FISCAL/STAFFING STATEMENT:
No additional staffing or City resources are needed if the Planned Development is amended.
BACKGROUND:
In 2009, the property owner, Gary Rager, submitted a request to allow Vehicular Repair, Vehicular
Service and Vehicular Accessory Sales and Installation in addition to the existing uses at 1115,
1121 and 1127 Sanford Avenue and 402 Celery Avenue. The following uses have been previously
approved by the Planning and Zoning Commission for the subject properties involved in the
request:
• October 2001 - Conditional Use to allow a paint booth at 1121 and 1123 Sanford Avenue
for an auto /plastic body shop.
• May 2002 - Conditional Use to allow Indoor Manufacturing at 1121 and 1123 Sanford
Avenue to allow manufacturing related to Rager Studios, a specialty art manufacturer.
• April 2005 - Conditional Use to allow Vehicular Accessory Sales and Installation at 402
Celery Avenue for a tire sales and service business.
On January 25, 2010, the City Commission adopted Ordinance No. 4202 rezoning 1115, 1121, and
1127 Sanford Avenue and 402 Celery Avenue to PD, Planned Development for a Vehicular
Repair, Vehicular Service and Vehicular Accessory Sales and Installation business with the
following conditions agreed to by the property owner in an executed Development Agreement
( #10 -07):
Page 1 of 3
1. Pursuant to Section 4.3.G of the City's Land Development Regulations, this rezoning shall
expire three (3) years from the effective date of the approval of this Ordinance if all
improvements have not been completed or an extension granted.
2. A Development Plan meeting the requirements of the City's Land Development
Regulations and prepared by a Florida registered engineer must be submitted, reviewed and
approved by City staff and a Site Development Permit issued within one hundred and
twenty (120) days of the effective date of this Ordinance.
3. The final design and location of all driveways and access points throughout the project will
be determined during development plan review.
4. Landscape design along both road frontages must be enhanced over the minimum standards
of the Landscape Regulations of the City's Land Development Regulations.
5. A comprehensive sign plan must be submitted and approved by staff as part of the
development plan review process.
6. The sale of any kind of motor vehicle including, but not limited to automobiles,
motorcycles, boats and power sports equipment, is prohibited.
7. Failure to comply with any of the conditions of approval, upon a finding being made by the
Code Enforcement Special Magistrate of the City and the recording of his or her Order in
that regard, shall automatically result in lapse of approval of the action taken in this
Ordinance and any implementing actions and the zoning of the subject property shall
automatically revert to the Restricted Commercial ( "RC -1 ") zoning classification/district.
The above requirements are included in PD Development Order No. 10 -07 that was executed and
recorded in the official records of Seminole County on March 17, 2010 (Official Records Book
07350, Pages 1483 - 1499). The owner is now requesting an amendment to the Planned
Development, specifically condition number 6, in order to allow the sale of abandoned or unpaid
repaired vehicles serviced at the repair facility located at 402 Celery Avenue. The owner is not
seeking to obtain a Florida Motor Vehicle Dealer license but to allow vehicle sales as an ancillary
or accessory use to the primary use that is operating as a licensed Vehicular Accessory (Tires)
Sales and Installation business. The State of Florida, pursuant Section 320.771 of the Florida
Statutes, requires a dealer's license if one buys or sells three or more motor vehicles in a 12 -month
period.
The Sanford Land Development Regulations define Vehicular Sales as:
An establishment primarily engaged in the retail selling of new and/or used automobiles
and trucks, boats, farm equipment, road building equipment, mobile homes travel trailers
and pleasure craft that are normally displayed or kept outside. Vehicular sales
establishments may include repair departments provided such repair departments are
incidental and accessory to the principal retail selling of vehicles.
On March 7, 2013, the Planning and Zoning Commission conducted a public hearing and
unanimously recommended that the City Commission approve the proposed amendment to the
Rager PD pursuant to all standards and conditions as denoted on the Rager PD Master Plan based
on consistency with the goals and objectives of the Comprehensive Plan and subject to the
following conditions:
1. Vehicles for sale shall only be vehicles abandoned by customers doing business at 402
Celery Avenue. No vehicles shall be purchased for resale.
2. All vehicles for sale on the premises shall be maintained in operable condition.
3. A maximum of two (2) vehicles can be offered or displayed for sale at any time at
1115, 1121, 1127 Sanford Avenue or 402 Celery Avenue.
Page 2 of 3
4. All vehicles shall be parked or displayed at grade level at all times.
5. No banners, balloons, ribbons, streamers, etc. shall be used to sell the vehicles. All
signage shall comply with City sign regulations.
The City Clerk's Office published notice of this public hearing in the Sanford Herald on March 24,
2013.
LEGAL REVIEW:
The Assistant City Attorney has reviewed this item and drafted the ordinance for consideration.
RECOMMENDATION:
It is staff's recommendation that the City Commission adopt Ordinance No. 4287 to amend the
Rager PD as recommended by the Planning and Zoning Commission subject to a development
order that includes all recommended conditions.
SUGGESTED MOTION:
"I move to adopt Ordinance No. 4287 to amend the Rager PD as recommended by the Planning
and Zoning Commission subject to a development order that includes all recommended
conditions."
Attachments: Project Information Sheet
Site Vicinity Map /Aerial Map
Applicant's Affidavit of Ownership & Designation of Agent
Concept Plan
Ordinance No. 4287
Page 3 of 3
p O1 PROJECT INFORMATION -- RAGER PD AMENDMENT
Requested Action: Amend Planned Development to allow Vehicular Sales
Proposed Uses: Automobile Dealer Sales
Tax Parcel Numbers: 25- 19- 30- 5AG -130A -0100 30 -19 -31 -522- 0000 -0370
30 -19 -31 -522- 0000 -0390 30 -19 -31 -522- 0000 -037A
Project Addresses: 1115 Sanford Avenue 402 Celery Avenue
1121 Sanford Avenue 1127 Sanford Avenue
Property Owners/ Rager Studios, Inc. Communication Technologies, LLC
Applicant 1121 Sanford Avenue 1121 Sanford Avenue
Sanford, FL 32771 Sanford, FL 32771
Commission District: Commissioner Velma Williams — District 2
Future Land Use: NC, Neighborhood Commercial
Current Zoning: PD, Planned Development (Rezoned by Ordinance 4202 on January 25, 2010)
Development Order: 10 -07 (OR Book 07350, Pages 1483 -1499)
Site Area: 24,851 square feet (0.57 acre)
Frontage: 201 feet along Sanford Avenue and 129 feet along Celery Avenue
Conditions of Development Order 10 -07:
1. Pursuant to Section 4.3.G of the City's Land Development Regulations, this rezoning shall
expire three (3) years from the effective date of the approval of this Ordinance if all
improvements have not been completed or an extension granted.
2. A Development Plan meeting the requirements of the City's Land Development Regulations and
prepared by a Florida registered engineer must be submitted, reviewed and approved by City
staff and a Site Development Permit issued within one hundred and twenty (120) days of the
effective date of this Ordinance.
3. The final design and location of all driveways and access points throughout the project will be
determined during development plan review.
4. Landscape design along both road frontages must be enhanced over the minimum standards of
the Landscape Regulations of the City's Land Development Regulations
5. A comprehensive sign plan must be submitted and approved by staff as part of the development
plan review process.
6. The sale of any kind of motor vehicle including, but not limited to automobiles,
motorcycles, boats and power sports equipment, is prohibited.
7. All permitted vehicular repair, vehicular service and vehicular accessory sales and installation
uses, and associated uses, shall be located and occur indoors.
8. Failure to comply with any of the conditions of approval, upon a finding being made by the Code
Enforcement Special Magistrate of the City and the recording of his or her Order in that regard,
shall automatically result in lapse of approval of the action taken in this Ordinance and any
implementing actions and the zoning of the subject property shall automatically revert to the
Restricted Commercial ( "RC -1 ") zoning classification/district.
LDR — Schedule E, Section 1
G. Vehicular Sales And Rental Standards. All vehicular sales and rental business, except for those
governed by subsection E.4. of this schedule, shall comply with the following regulations:
Page 1 of 2
1. Applicability. This Section shall apply to all businesses that sell, lease or rent new or used
vehicles including, but not limited to, automobiles, trucks, boats, recreational vehicles and travel
trailers that store some or all of the vehicles outdoors.
2. Minimum Lot Size and Parcel Width.
a. Businesses with Repair Facilities. All businesses with new and used vehicles intended
for lease, rental or sale and which service, detail, clean, paint or repair the vehicles shall
have a minimum parcel area of one (1) acre and a minimum parcel width at the front
property line of one hundred twenty -five feet (125').
b. Businesses without Repair Facilities. All businesses with new and used vehicles
intended for lease, rental or sale which do not have service, detail, clean, paint or repair
facilities shall have a minimum parcel area of one -half (1/2) acre and a minimum parcel
width at the front property line of one hundred twenty -five feet (125').
3. Buffer. All vehicular sales and rentals shall comply with the buffer requirements of Schedule J
and/or Schedule U of these regulations. No vehicular display shall be located within a required
buffer area.
4. Outdoor Display of Vehicles. The outdoor display area is limited to one (1) vehicle for every
two hundred fifty (250) square feet of net usable area, calculated as the square footage of the
parcel minus all easements, required landscaping, setback and buffer areas, required drainage
areas, wetlands, required open space and building areas and required access, parking and loading
areas.
To prevent the intrusion of the outdoor display area into required buffers and setbacks, a precast
concrete curb or barrier of a similar and permanent nature approved by the Planning and Zoning
Commission shall be placed between the outdoor display area and the required setback and/or
buffer that is adjacent to a street right -of -way.
All vehicles that are displayed outdoors shall be displayed at grade and no vehicle shall be
elevated on a berm, pedestal, flat bed, crane or other device that has the effect of elevating the
vehicle above the ground.
5. Indoor Service Area Required. All businesses that sell, lease or rent new or used vehicles and
service, detail, clean, paint or repair the vehicles which they sell, lease or rent shall:
(a) Have an indoor area to service at least two (2) vehicles at the same time.
(b) New vehicular sales shall also have additional interior space for the storage of at least
five (5) vehicles.
(c) Have proper sewage connections for drainage and sanitary purposes.
6. Sunset Provision. If a vehicular sales or rental use is discontinued or closed for six (6) months
or more, the use shall not be reestablished without first obtaining conditional use approval of the
Planning and Zoning Commission.
Site History
1. October, 2001: Conditional use to allow a paint booth at 1121 Sanford Avenue for an auto /plastic
body shop.
2. May, 2002: Conditional use to allow indoor manufacturing at 1121 Sanford Avenue to allow
manufacturing related to Rager Studios, a specialty art manufacture.
3. April, 2005: Conditional use to allow vehicular accessory sales and installation at 402 Celery
Avenue for a tire sales and service business.
4. October, 2009: Rezoned to RC -1, Restricted Commercial as part of Georgetown Plan.
5. January, 2010: Rezoned to PD, Planned Development.
T:\Development Review \03 -Land Development\2013\Rager Studios - PD Amendment\Project Information Sheet - 1115, 1121, and 1127 Sanford - Jan 2013.doc
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Applicant's Affidavit of Ownership ��' rs ip and
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IAA PJIt4A,4t - • ' . • ' • , • , "application is•sUbmitted to the City of Sanford.
The ownership, as shown on the deed of record,ls in the'narne of: v ^ "'•.f:Y:.
fi14[set -ciugl PS Svtc. 4 ColMwtKM►i ca,Fi ovr, ^ Ted , no lo5 es kLC • •
Please complete the appropriate s below (type or print legibly)
❑ Individual ® Qorporation ❑ Partnership
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Name *c4t Name:
Provide. Names of Gificers Provide Names of General Partners
640 Rsi &.
Dept. of State Corporate Registration
Number.
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Name/Address of Registered Agent:
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IL Designation of Applicant's Agent (Leave blank M not applicable):
As the owner/applicant of the above designated property for which this alfidavlt le submitted, I designate Its balm named Individual ss my
agent in al matters pertaining to the applietion 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 inforrredon contained In the application Is accurate and dxxnplata to the best of my personal
knowledge.
APphicanfs Agent " ''• • print Nine
Applicants Address:
Contact Person: Phone:
Erna Fax:
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III. Notice to Owner
A. All changes In Ownership and/or Apticant's Agent prior to final action of the City shalt require a new affidavit. If ownership changes, the
new owner essuma all obligations related to the Sing application process.
B. d the Owner intends for the authority of Os Agent to be limited In any manner, please indicate the limitation(s) below. (i.e.,
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Limited to obtaining a certificate of . Bmited to obtaining a sand use compliance certificate; etc.)
1V. Acknowledgement • • . ,
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STATE OF
COUNTY OF
❑ Individual ty3 Corporation ❑ Partnership
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Before me this day of Before me this • day of Before me this day of 56
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, 20_, personally :Rif) a , 20 , personally , 20_, personally
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who executed the foregoing khstru- as n e r ` `' • • o' ' partner /agent on behalf of
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that same was executed for the a 1-12C : a partnership, who executed the
purposes therein expressed. (I.e.:corporation,. • company, etc.) foregoing instrument and aoknowl-
and adcnowledged before me that edged before me that same was
same was executed for the purposes executed for the purposes therein
therein expressed. expressed.
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